O-1 Extraordinary Ability Visa: What It Is and How to Obtain It?

By Ergul Celiksoy, Immigration Attorney at CK Law Firm

This week, in my series of informative articles about visa types, I’ll focus on one of the most frequently asked about visas by my clients: the O-1 Visa. In this article, I’ll address the most common questions asked by hundreds of clients about the O-1 Visa, based on my experience preparing numerous cases. By the end of this article, you’ll find answers to the following questions:

• What is the O-1 Visa?
• What are the advantages of applying for the O-1 Visa?
• Who can apply for the O-1 Visa?
• What are the requirements to apply for the O-1 Visa?
• Where to apply for the O-1 Visa?
• How long does it take to process the O1 Visa if I use Premium Processing?
• How to apply for the O-1 Visa?
• What to expect after applying for the O-1 Visa?

If you have any other questions about the O-1 visa type, please do not hesitate to contact me through the comments section below this article, by sending me a message directly on LinkedIn, or via the CK Law Firm Immigration Law Firm website, of which I am a founding partner.

What is the O-1 Extraordinary Ability Visa?

The O-1 Extraordinary Ability Visa is a temporary employment visa for individuals who have demonstrated extraordinary ability or achievement in their field, as defined by USCIS criteria. This visa type has two categories:

• O-1A: For individuals with extraordinary ability in the sciences, education, business, or athletics.
• O-1B: For individuals with extraordinary ability in the arts, motion picture, or television industry.

What are the Advantages of Applying for the O-1 Visa?

The O-1 Visa, compared to other visa types, is processed faster. O-1 visa holders can work in the United States for up to three years. After working in the U.S. for a period, O-1 visa holders can apply for a Green Card and may become eligible for U.S. citizenship five years after obtaining the Green Card. Family members (spouse and children under 21) can apply for the O-3 visa to live and study in the U.S.

Who Can Apply for the O-1 Visa?

Anyone who has demonstrated extraordinary ability in the arts, athletics, business, sciences, or education, and can provide documentation of their achievements as defined by USCIS, can apply for the O-1 Visa. If the extraordinary ability cannot be proven by a major international award (such as an Emmy, Oscar, etc.), meeting at least three of the eight criteria set by USCIS is required.

What are the Requirements to Apply for the O-1 Visa?

To apply for the O-1 Visa, an individual must demonstrate extraordinary ability in their field, evidenced by receiving a major internationally recognized award (such as an Oscar, Emmy, Nobel, etc.). For those who have not received such an award, meeting at least three of the eight criteria set by USCIS, and providing documentation, is necessary. I focus on fulfilling at least four to five criteria for my clients, as this strategy has proven successful in the past. An O-1 application requires a sponsoring company; self-petitioning is not allowed. Applications can also be submitted through an agent/manager.

Criteria for O-1A Visa:

1. Receipt of a major award: The applicant must have received a major award in their field.
2. Membership in significant associations: The applicant must be a member of significant associations in their field, which require outstanding achievements.
3. Published material: There must be published material about the applicant in major media or trade publications.
4. Judging the work of others: The applicant must have participated as a judge of the work of others in their field.
5. Original contributions: The applicant must have made original contributions of major significance in their field.
6. Authorship of scholarly articles: The applicant must have authored scholarly articles in their field.
7. Leading role: The applicant must have held a leading role in an organization with a distinguished reputation.
8. High salary: The applicant must have commanded a high salary in their field.

Criteria for O-1B Visa:

1. Lead role in productions: The applicant must have played a lead role in productions or events with a distinguished reputation.
2. Critical role in organizations: The applicant must have held a critical role in organizations with a distinguished reputation.
3. Recognition: The applicant must be recognized for their achievements in major media.
4. Commercial success: The applicant must have achieved significant commercial success in the arts.
5. Recommendation letters: The applicant must provide recommendation letters from recognized experts in their field.
6. High salary: The applicant must have commanded a high salary in their field.

Where to Apply for the O-1 Visa?

After preparing all the necessary documents, applications can be submitted to:

• USCIS if you are in the United States.
• The U.S. Consulate in your country if you are outside the United States.

How Long Does It Take to Process the O1 Ability Visa if I Use Premium Processing?

If you opt for Premium Processing, your application will be processed by USCIS within 15 business days. Without Premium Processing, it can take between six to eight months for your application to be processed.

How to Apply for the O-1 Visa?

The application process for the O-1 Visa includes the following steps:

1. Finding a Sponsor:
You must have a U.S. employer or agent who will sponsor your application. The sponsor will file the petition on your behalf and make a job offer.

2. Preparing the Petition:
Your sponsor must complete and submit Form I-129, Petition for Nonimmigrant Worker, to USCIS. This form includes information about your qualifications, job offer, and other required details.

3. Collecting Supporting Documents:
You need to gather documents that prove your extraordinary ability, such as awards, publications, membership in associations, and other relevant materials.

4. Submitting the Petition:
Your sponsor must submit Form I-129 and the supporting documents to the appropriate USCIS office based on their location.

What to Expect After Applying for the O-1 Visa?

After submitting your O-1 Visa application, you can expect the following steps:

1. USCIS Petition Review:
USCIS will review your petition, and you may receive one of the following responses:

• Approval: If USCIS approves your petition, you will receive Form I-797, which indicates that your petition has been approved.
• Request for Evidence (RFE): If USCIS needs more information, they will send a Request for Evidence, and you must provide the requested documents.
• Denial: If your petition is denied, you can review the reasons for denial and consider appealing or reapplying.

2. Consulate or Embassy Interview:
Once your petition is approved, you need to schedule an interview at the U.S. Consulate or Embassy. Prepare the necessary documents, including Form I-797, your passport, the DS-160 application form, and other supporting materials.

3. Visa Issuance:
If your interview is successful, you will receive your O-1 Visa, allowing you to work in the U.S. for the specified period.

Applying for the O-1 Visa can be a complex process, but following the correct steps and providing the necessary documentation can increase your chances of success. For more information or assistance, you can contact me directly via LinkedIn or through CK Law Firm’s website. We offer a free consultation to evaluate your eligibility for the O-1 Visa; simply send us your CV, and we will respond within 24 hours.

Who is Attorney Dr. Ergül Çeliksoy?

Attorney Dr. Ergül Çeliksoy is a co-founder of CK Law Firm. Dr. Çeliksoy has extensive experience in U.S. immigration law. He completed his master’s degree in international law and human rights at the University of Nottingham in 2017 and began his doctoral studies at the same university. Dr. Çeliksoy completed his Ph.D. in law at the University of Nottingham School of Law in 2022, crowning his academic career. Dr. Çeliksoy has published in leading academic journals and is internationally recognized for his expertise in modern slavery, criminal justice, and criminal law. A registered member of the California Bar, Dr. Çeliksoy provides superior service to his clients with his deep knowledge and experience in U.S. immigration law cases. His knowledge and experience in immigration law contribute valuable insights to CK Law Firm’s work in this area.

Dr. Çeliksoy offers comprehensive and strategic solutions to his clients in immigration law cases, helping them secure their legal status in the United States. His work in human rights and immigration processes, along with his deep knowledge of modern slavery and criminal law, allows Dr. Çeliksoy to effectively resolve the complex legal issues faced by immigrants. Dr. Çeliksoy strengthens CK Law Firm’s leadership in immigration law by providing reliable and effective legal counsel, helping his clients build their new lives in the United States.