The first thing an O-1 visa lawyer has to determine is whether your achievements can be proven with objective documents to meet the O-1 standard. O-1 is a temporary work status for people with extraordinary ability or achievement. It is not a green card. O-1A applies to the sciences, education, business and athletics, and O-1B applies to the arts and the motion picture and television industry. Generally you need a major award, or at least 3 of the regulatory criteria, and then you must pass the officer's overall review. The petition must be filed by a U.S. employer or a U.S. agent, and you cannot file it yourself. The information below is current as of November 6, 2026.
What evidence O-1A looks at
O-1A requires showing sustained national or international acclaim and being among the small percentage at the top of the field. Apart from a major international award such as a Nobel Prize, you must meet at least 3 of the following 8 criteria:
- Nationally or internationally recognized prizes or awards;
- Membership in associations that require outstanding achievement;
- Published material in professional publications or major media about your work;
- Actually judging the work of others (being invited to judge but not judging does not count);
- Original contributions of major significance to the field;
- Authoring scholarly articles;
- A critical role for organizations with a distinguished reputation;
- A high salary or other high remuneration.
If a criterion truly does not fit the occupation, comparable evidence may be submitted, but you must explain why the criterion does not apply and why the substitute material is equivalent.
What evidence O-1B looks at
In the arts, you must show distinction in the field. Apart from a major award (such as the Oscar, Emmy or Grammy), you must meet at least 3 of 6 criteria, including a lead or starring role in distinguished productions, critical reviews or coverage in major media, a major role for distinguished organizations, commercial or critical success, recognition from organizations or critics in the field, and high remuneration. The standards for the motion picture and television industry are set separately, and comparable evidence cannot be used.
3 criteria are not always enough
Meeting 3 criteria is only the threshold. The officer will then look at all of the evidence to decide whether the standard is met overall. Beginning in August 2026, when initial evidence is missing, an officer may deny a petition without first issuing a request for evidence, so the evidence should be complete before filing. O-1 is a temporary status, and for the standards of the green card categories, compare EB-1A Extraordinary Ability Green Card: The Ten Criteria and the Two-Step Review.
A few procedural points
- Advisory opinion: There generally must be a written opinion from a peer group or a senior person in the field. For the motion picture and television industry, opinions from the relevant labor union and management organization are required.
- Who files: A U.S. employer, a U.S. agent, or a foreign employer through a U.S. agent.
- Hours: The petition may be filed as early as 1 year before the work begins, and USCIS recommends filing at least 45 days before.
- Approval period: Up to 3 years initially, set according to the actual activity needs.
- Family: A spouse and children under 21 may apply for O-3 status. They cannot work, but they may attend school.
Fees
For Form I-129 O-category petitions, the fee is $1,055 on paper or $1,005 online, or $530 for small employers or nonprofits. There is also an Asylum Program Fee: $600 for general employers, $300 for small employers and $0 for nonprofits. The premium processing fee is $2,965, with a target time frame of 15 business days, and premium processing does not change the review standard. Beginning November 9, 2026, USCIS accepts only the 09/09/26 edition of Form I-129, and the paper filing addresses also change beginning in October, so check again before mailing.
What to prepare
- Resume, passport and existing status documents.
- Award selection rules, association membership standards and the original media coverage.
- Judging records, papers and citations, patents and their use, and proof of pay.
- Employment contract or agreement in the U.S. and work arrangements.
- Advisory opinion letters, and recommendation letters with specific facts.
Contact us
Lu Xin Law Offices is located at 36-09 Main Street, Suite 5-D5, Flushing, New York. The responsible attorney, Michael R. Curran, is licensed in New York and New Jersey. If you would like an O-1 visa lawyer to look at your documents, you may call 347-618-3386 for a consultation in Chinese. For our services, see Immigration Legal Services.
FAQ
Is O-1 a green card?
No. O-1 is a temporary work status for people with extraordinary ability or achievement.
Can I apply for O-1 myself?
No. The petition must be filed by a U.S. employer or a U.S. agent. A foreign employer must also go through a U.S. agent.
Is meeting 3 criteria enough?
Meeting 3 criteria is only the threshold. The officer will then look at all of the evidence to decide whether the standard is met overall.
Sources: uscis.gov, uscis.gov, ecfr.gov, uscis.gov, uscis.gov, uscis.gov, uscis.gov. The information above is current as of November 6, 2026. Immigration rules and fees may change, so check the latest official requirements before you file.
Attorney Advertising. This article is general information and is not legal advice on any particular case. Eligibility, procedures and outcomes depend on the facts of each case, the applicable law and the decision of the government agency.