Schedule an Appointment with Our Attorneys Now

Who Is Eligible for O-1 Visa? O-1 Visa Criteria

By Ergul Celiksoy, Immigration Attorney at CK Law Firm

The O-1 visa, known as the extraordinary ability visa offered by the United States, is typically preferred by professionals with unique talents but is also suitable for various occupational groups. To qualify, applicants must meet specific O-1 visa criteria by providing evidence of their exceptional abilities. With this visa, many professionals can elevate their careers to an international level and potentially transition to permanent residency in the U.S. In this article, I will cover key topics related to the application process and eligibility requirements.

  • What Is the O-1 Visa?
  • Which Professions Qualify for the O-1 Visa?
  • What Are the Eligibility Requirements for the O-1 Visa?
  • Application Process for the Extraordinary Ability Visa
  • Benefits and Opportunities for O-1 Visa Holders

Along with the topics listed above, I will also highlight key points you should pay attention to during the application process. If you have any further questions beyond the subjects covered here, feel free to leave a comment on this blog or contact us via our website. Additionally, for inquiries on other topics, you can reach out to me directly on LinkedIn.

What Is the O-1 Visa?

The O 1 visa is a U.S. visa category designed for individuals with extraordinary abilities in their field. Applicants must provide strong evidence demonstrating that they have achieved significant recognition or distinction in their area of expertise. Additionally, the O-1 visa is divided into two separate categories, allowing professionals from various industries to apply based on their specific qualifications.

  • O-1A Visa: This category covers experts with extraordinary abilities in science, education, business, or athletics, who can prove their achievements through awards or other forms of recognition.
  • O-1B Visa: Suitable for individuals distinguished in the fields of arts or media, the O-1B visa requires applicants to provide evidence of their talents, similar to the O-1A visa. Awards or other notable achievements must be presented as part of the application. The O-1B visa is also widely known as the O-1 artist visa.

O-2 and O-3 Visas: These visas are considered part of the O-1 visa category and are designed for individuals accompanying an O-1 visa holder. For example:

  • O-2 Visa: This visa is intended for individuals who will assist or accompany the O-1 visa holder in their work or performance.
  • O-3 Visa: This visa is designed for family members of the O-1 visa holder, including their spouse and children under the age of 21.

Which Professions Qualify for the O-1 Visa?

In January 2025, the U.S. Citizenship and Immigration Services (USCIS) released new guidelines and criteria regarding O-1 visa occupations. These updates broaden the answer to the question “Who is eligible for an O-1 visa?” and make the application process more flexible and clearer, especially for individuals working in emerging fields. Below are the occupational groups more explicitly defined in this update:

  • Experts in Critical and Emerging Technologies: Professionals working in fields such as artificial intelligence, biotechnology, and nanotechnology, as well as those contributing significant projects to these sectors.
  • Startup Founders and Entrepreneurs: Individuals offering innovative solutions and making a difference in their fields, particularly those with projects in the technology and finance sectors. For more details, you can check out our article titled O-1 Visa for Startup Founders in the U.S.
  • Science and Technology Professionals: Researchers, scientists, engineers, and academics who have made notable contributions in their areas.
  • Art and Entertainment Industry Workers: This includes painters, actors, directors, writers, and designers.
  • Athletes and Coaches: Professional athletes, coaches, and sports managers who have demonstrated excellence in their fields.
  • Business Leaders: Executives and business professionals holding leadership positions in their industries.

What Are the Eligibility Requirements for the O-1 Visa?

USCIS expanded the types of evidence considered for O-1 visa applications in the January 2025 guidelines. This update particularly benefits experts working in emerging technologies. The specific O-1 visa criteria for professionals in these fields are as follows:

  1. Applying Through One’s Own Company: Applicants can now use their own company as a separate legal entity to file the petition on their behalf. For example, a startup or limited liability company (LLC) established in the U.S. can act as a legal entity and sponsor the applicant by submitting the required petition.
  2. Providing Evidence in Emerging Technologies: Professionals working in emerging technologies must provide documentation that demonstrates their contributions and achievements in the field. This includes presenting evidence such as projects, patents, academic publications, or other documents showcasing the applicant’s impact in the sector.
  3. Flexibility in Job Changes: The new guidelines offer flexibility for professionals frequently changing roles within the technology sector. Applicants can continue using their existing O-1 visa even when they receive new job offers, provided they meet the required conditions.
  4. Recognition in the Field: Applicants need to demonstrate their recognition and distinction in their field of expertise. They can support this by providing evidence such as national or international awards. Industry achievements, media coverage, or other documentation of professional success can also be included.

Application Process for the Extraordinary Ability Visa

The U.S. O-1 visa application process, following the January 2025 updates, generally involves the following O-1 visa requirements:

  • Application Through a Sponsor or Employer: The applicant’s own company can serve as a legal entity. It can submit the petition on behalf of the applicant.
  • Preparing the Required Documents: Collect awards, certifications, publications, and other evidence that demonstrate the applicant’s extraordinary abilities.
  • Contract or Agreement: A job contract between the applicant and the sponsoring employer must be provided.
  • Submission of Form I-129: The applicant or sponsor must complete and submit Form I-129 to U.S. Citizenship and Immigration Services (USCIS).
  • Approval Process: USCIS reviews the application, and if deemed eligible, grants approval.

Although the application process may seem complex, it becomes manageable with accurate and complete documentation. The key is ensuring that your documents are correct and complete before submission. Feel free to contact us for assistance at any stage of the process.

Benefits and Opportunities for O-1 Visa Holders

The O-1 visa is one of the key pathways to working in the United States. It allows recipients to elevate their work from a national level to an international scale. This helps facilitate career growth and increases recognition. However, the advantages of obtaining an O-1 visa go beyond just international career opportunities.

In fact, meeting the O-1 visa qualification criteria opens a route to apply for a Green Card. As widely known, a Green Card provides the right to live and work in the U.S. permanently. Under these conditions, many professionals can make their lives in the U.S. permanent. If you have further questions or need clarification on any aspect of this topic, feel free to reach out to us through our website. Additionally, you can contact me directly on LinkedIn for personalized communication.

Share your love

Newsletter Updates

Enter your email address below and subscribe to our newsletter

Leave a Reply

Your email address will not be published. Required fields are marked *