O-1 visa is an alternative for H-1B visa with the following advantages: no prevailing wage requirement, no extension limit, and no quota limitation.  It is available to scientists, educators, business persons, artist and entertainers and athletes.  Especially it is for researchers, high-end chefs and successful business people if they don't have professional degrees.

O-1 is for an individual of extraordinary ability in sciences, arts, education, business or athletics (Dependents are O-3).  An applicant must establish himself or herself an individual with extraordinary ability or achievement.  To prove his or her extraordinary ability,  an individual can show his or her receipt of a major international award; alternatively, an individual can submit evidence to prove that he or she has met three or more of the following: a) receipt of nationally or internationally recognized prize award for excellence in her field; b) membership in associations in the field that requires outstanding achievement of their members; c) original scientific or business-related contributions of major significance; d) authorship of published scholarly articles; e) participation as a judge of others’ work; f) published materials in professional publications about the alien; f) critical/leading role for organizations that have a distinguished reputation; g) command of high salary or remuneration.  These standards are theoretically similar to, but practically, lower than the counterparts under EB-1A, alien of extraordinary ability for permanent residency petition.

O-1 petitioners can only be U.S. employers or U.S. agents.  Agents are individuals or entities in the U.S. and authorized by foreign employers to accept service of process on their behalf.

Generally, O is initially valid for three years with yearly extension thereafter.



Yang & Associates, LLP has offices in Silicon Valley area, California and Downtown Chicago, Illinois. It specializes in immigration law and provides comprehensive immigration legal services to individuals, businesses, and universities. It is dedicated to providing the highest quality services with a competitive fee schedule. Its attorneys have handled hundreds of EB-1A, EB-1B, NIW, PERM, H-1B, L-1, O-1, EB-5, I-485, I-130, J-1 waiver and other types of immigration cases. If you have any questions or need a free case evaluation, please contact our attorneys at: info@eLawToday.com.

Home | Services | Testimonials | Blog | Attorneys | Contact Us