American Immigration Lawyers
Khan Law, PLLC
555 Republic Drive, Floor 2, Suite 214
Plano, TX 75074
Office: (469) 200-6508
WhatsApp: (469) 200-6508
Email: info@khanlegalgroup.com
U.S. immigration law, serving clients
in all 50 states and worldwide.
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The Visa Guide · Work
O-1 Extraordinary
Ability Visa
Extraordinary, proven.
For people at the top of their field: sciences, business, education, and athletics (O-1A), or arts, film, and TV (O-1B). No annual cap, no lottery: if the evidence is there, it can be filed any day of the year.
Who Qualifies
Acclaim, on the record.
The O-1 is an evidence case. Three things decide it: the acclaim, the petitioner, and the consultation.
Sustained acclaim
Sustained national or international acclaim, proven by a major award (think Nobel-level) or at least 3 of the regulatory criteria.
The evidence menu
Awards, press about you, judging others’ work, original contributions of major significance, scholarly articles, critical roles for distinguished organizations, and high remuneration.
An employer or agent
A U.S. employer or agent petitioner with an itinerary of work in your field.
The consultation
A written consultation from the relevant peer group or union.
Two tracks, one standard
O-1A covers sciences, business, education, and athletics. O-1B covers arts, film, and TV, where lead roles and commercial success also count as criteria.
The Process
Five steps. One case.
The evidence map
Map your evidence against the criteria and fill the gaps. Recommendation letters from independent experts carry real weight.
The consultation
Secure the consultation letter from the peer group, union, or management organization.
The petition
File Form I-129 with the O supplement, employer-filed or agent-filed for multiple engagements.
The visa
Consular stamping (DS-160) or change of status. O-2 support staff and O-3 family accompany.
The green card
Approval runs up to 3 years with unlimited 1-year extensions, and the same evidence file feeds an EB-1A or EB-2 NIW green card.
Forms & Fees
Know the paperwork.
The O-1 petition with the O supplement, employer-filed or agent-filed
The written advisory letter from the relevant peer group, union, or management organization
Consular visa application for visa stamping abroad
Need a decision fast?
Premium processing is available for the O-1. Check current costs and timing on the official USCIS fee schedule below before you file.
Live processing times & fees
Government numbers change monthly. These official tools are always current:
Your career.
Our fight.
Every case is different. Tell us your story. The evaluation is free, and we’ll tell you exactly which path fits.
Attorney Advertising: general information, not legal advice. Test your O-1 evidence: request a free case evaluation or call (469) 200-6508. ← Back to all visa guides
The Rules
What you can and cannot do.
- Work part time and across multiple engagements; the O-1 has no minimum salary or hours rule
- Have a company you own petition for you, if it is a real U.S. entity with authority over your work
- Pursue a green card while in O-1; the classification has no foreign residence requirement standing in the way
- Travel and re-enter on a valid O-1 visa between engagements
- Take paid work outside the employers and engagements in your petition, even one-off gigs
- Start with a new employer before that employer or agent files its own petition
- Rely on your spouse’s income here; O-3 status does not include work authorization
- File for yourself directly; there is no self-petitioned O-1, so an employer or agent must sign as petitioner
Costs
What it costs in 2026.
The O-1 fee stack is leaner than the H-1B’s: no lottery, no training fee, no fraud fee. The petitioner pays the USCIS charges, and the artist or expert pays the consular charges when the visa is stamped abroad, including the integrity fee added by the 2025 budget law. Here is the stack as of August 2026.
| Item | Amount | Notes |
|---|---|---|
| Petition fee (Form I-129) | $1,055 | $530 for small employers and nonprofits |
| Asylum Program Fee | $600 | $300 for small employers; $0 for nonprofits |
| Premium processing (optional) | $2,965 | Raised from $2,805 on March 1, 2026; decision within 15 business days |
| Visa application (DS-160 / MRV) | $205 per person | Paid to the consulate; O-3 family members each pay it too |
| Visa integrity fee | $250 per person | At issuance; phasing in since Oct 2025; the refund provision is not yet operational; adjusts with inflation |
Fee amounts reflect published government figures as of August 2026 and change over time; the live links above are always current. Petition fees apply per filing and belong to the petitioner; consular fees apply per person, including family members.
FAQ
Questions we hear every week.
I founded a startup. Can it sponsor my O-1?
Yes, when it is built correctly. A U.S. entity you own can petition if it is real and holds genuine authority over your work, and funding rounds, press coverage, judging invitations, and original contributions often supply the criteria. Founder O-1s are a well-worn path now; the trap is filing on reputation instead of documentation.
My field does not give out awards. What then?
The rules allow comparable evidence when a listed criterion does not fit how your field works. Whatever your field does value can fill the gap: invited talks, commissions, selective residencies, chart positions, rankings. The question is never whether you have trophies; it is whether the acclaim can be documented.
How long does the whole process take?
Plan backward from the start date. Gathering evidence and expert letters usually takes the longest, often several weeks to a few months; the consultation adds lead time; USCIS timing varies unless premium processing forces action within 15 business days. Consular appointment waits differ by post, and the State Department publishes them live.
I am on H-1B now. Why would I switch?
No cap, no lottery, and no hard six-year ceiling. Engagements can stack, and there is no required wage level. The price of admission is the evidence file: the O-1 trades the H-1B’s rigidity for room to move, but only for people whose record clears the bar.
Can the union consultation sink my case?
It can slow or complicate one. Some peer groups and unions, particularly in film and television, issue detailed or negative advisory opinions, and USCIS reads them. We request consultations early, anticipate objections, and answer a negative letter head-on in the petition rather than hoping it goes unnoticed.
What if I get a request for evidence or a denial?
Requests for evidence are common in O-1 practice, and they are usually about how the evidence maps to the criteria, not about your talent. A focused response, or a refile with the gaps closed, gives the case its second chance. A denial is not a verdict on your career; it is a diagnosis of what the record was missing.