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O-1 (O-1B and O-1A)

O-1 Visa Lawyer (O-1B and O-1A)

If you’ve achieved notable recognition in your profession and are seeking a way to live and work in the United States, the O-1 visa may be an option. The O-1 is a nonimmigrant visa designed for individuals who have demonstrated extraordinary ability or achievement in their field. It allows talented professionals to contribute their expertise to U.S.-based projects, performances, or employment for a limited period.

The O-1 visa is divided into two primary categories:

  • O-1A: For those in the sciences, education, business, or athletics
  • O-1B: For professionals in the arts or motion picture and television industry

1. O-1A Visa (Extraordinary Ability in Science, Education, Business, or Athletics)

This visa is intended for individuals who have demonstrated extraordinary ability in fields such as:

  • Science
  • Education
  • Business
  • Athletics

Applicants for the O-1A visa must provide evidence of their significant accomplishments and recognition in their field. The requirements include showing that they have a level of expertise and recognition that places them at the top of their profession. This can be demonstrated through awards, published works, memberships in professional organizations, or other forms of recognition.

2. O-1B Visa (Extraordinary Ability in Arts or Motion Picture/Television Industry)

The O-1B visa applies to individuals who have extraordinary ability in the arts or in the motion picture and television industry.

  • Arts: This includes individuals in fields like music, theater, dance, visual arts, and other performing arts.
  • Motion Picture/Television: This includes actors, directors, producers, and other professionals in the film and television industry.

For an O-1B visa in the arts, the applicant must show that they have a sustained record of achievement and recognition, often evidenced by critical reviews, high salary, or prominent positions in their field. For those in the motion picture or television industry, the standard is a bit higher, as they must show that they have been recognized for their work and are involved in a project or offer that is of significant importance.

Key Eligibility Requirements for Both O-1A and O-1B:

  • Extraordinary Ability: Evidence must show that the individual has achieved a level of recognition and acclaim in their field that is above the norm. For example, this can include major international awards or other significant accomplishments.
  • Proof of Recognition: Applicants must submit documentation such as letters of recommendation from experts in the field, media coverage, or other forms of acknowledgment.
  • Temporary Nature: The O-1 visa is typically granted for the duration of the event or project (up to 3 years), with the possibility of extensions.
  • Employer Sponsorship: The applicant must have a U.S. employer or agent who will file the petition on their behalf.

Differences Between O-1A and O-1B:

  • O-1A focuses on professionals in scientific, academic, business, and athletic fields.
  • O-1B focuses on professionals in the arts and entertainment fields (including those working in the motion picture and television industry).

In both cases, applicants must provide substantial evidence of their extraordinary ability and have a specific event, job, or project to participate in while in the U.S.

Why Work With an Immigration Lawyer for an O-1 Visa?

The O-1 visa has one of the highest standards of eligibility among nonimmigrant visas. Presenting your achievements in a way that meets legal criteria is critical. An immigration lawyer can help:

  • Determine if your accomplishments meet the legal threshold

  • Prepare and organize persuasive documentation

  • Handle the petition process for your U.S. sponsor

  • Respond to Requests for Evidence (RFEs) if necessary

  • Maximize your chance of approval while avoiding delays


Contact Leon Attorneys Today If You’re Considering an O-1 Visa

If you’re exploring opportunities in the U.S. and believe you may qualify for an O-1A or O-1B visa, we’re here to help. Our immigration attorneys serve clients across the United States and around the world to guide professionals and artists through every step of the O-1 visa process with attention to detail and a personalized strategy for your unique achievements.

Contact us today to schedule a consultation and learn how we can help bring your talents to the United States.

Frequently Asked Questions (FAQ)


Yes, but your new employer must file a new petition with USCIS. You cannot begin work with a new employer until approval is granted.

While the O-1 is a nonimmigrant visa, it allows “dual intent,” meaning you may pursue a green card while on an O-1. Many applicants eventually transition to permanent residence through EB-1 or other employment-based categories.


No. Unlike the H-1B visa, there is no numerical cap or lottery system for the O-1 visa.


Yes. Your spouse and unmarried children under age 21 may apply for O-3 dependent visas. They can study in the U.S., but they are not permitted to work.

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