O-1 visa: US visa for persons with exceptional abilities

What is the O-1 visa?

The O-1 visa is a special visa category of the United States for people who can demonstrate exceptional ability in their field. It allows artists, entertainers, scientists, athletes or professionals from the film and television industry to work in the USA for a limited period of time – even if they do not have a permanent US employer.

The prerequisite is that the activity is directly related to the specialist area in which the exceptional services were provided. If there is a US employer, they can file the petition. If there is none, a US agent must act as petitioner.

Subcategories of the O visa

The O visa is not standardized, but divided into different sub-categories depending on the area in which the applicant is active or the function they perform within a project. This differentiation is crucial, as the requirements vary depending on the category. In addition to the main categories for applicants with exceptional skills, there are also special visas for support staff and accompanying family members.

O-1A Visa

The O-1A visa is aimed at people who can demonstrate exceptional ability in the fields of science, business, education or sport. The prerequisite is that the activity in the USA is directly related to this specialist area and that the applicant is one of the best in their field .

O-1B Visa

The O-1B visa is intended for people who work in the arts or in the film and television industry and have made special achievements in these fields. The requirements here are based on the standards of the respective industry, whereby there must generally be a high degree of artistic recognition or success .

O-2 Visa

The O-2 visa is open to persons who significantly support an O-1 project through their work and are indispensable for its success. This visa is only available in connection with artistic or sporting activities. An O-2 visa is not available for accompanying personnel in scientific or economic fields.

O-3 Visa

The O-3 visa is intended for spouses and unmarried children under the age of 21 of O-1 or O-2 visa holders. It authorizes residence in the United States, but does not permit gainful employment.

What does „exceptional ability“ mean?

Artistic skills

In the artistic field, professional ability is not enough. The applicant must have achieved a clearly above-average level . The English term „distinction“ is also used to describe a „high level of achievement“ and denotes a high degree of accomplishment that requires a leading role or at least a recognized reputation in one’s own field. This means that the applicant must be well-known in the industry or enjoy an excellent reputation. The decisive factor is that he or she clearly stands out from other colleagues in his or her field.

Science, education, business and sport

The standard is particularly high in the fields of science, education, business or sport. Here, the applicant is required to be one of the few best in their field. This means an exceptional level of specialist knowledge and experience that puts them at the top of their profession.

Film and television industry

If you want to work in film or television, you have to demonstrate so-called „extraordinary achievement„. This refers to a particularly high level of professional achievement and recognition. The applicant must clearly stand out from the average and be generally regarded as „outstanding, notable, or leading“. This means that the applicant is not only active in the industry, but is actually perceived as exceptionally successful . These requirements are generally higher than those of other O-1 categories.

How is exceptional ability demonstrated?

The simplest proof is an internationally significant prize, such as a Nobel Prize, Grammy, Emmy, Academy Award or an Olympic victory. If the applicant does not have such an award, they must prove their qualification on the basis of a defined list of criteria . At least three different criteria must be fulfilled, whereby one meaningful piece of evidence per criterion is generally sufficient. However, it should be noted that additional evidence can strengthen the credibility and persuasiveness of the application. So here too, the more the better.

Criteria for science, business, education and sport

The criteria for demonstrating exceptional ability in these areas include:

• national or international prizes and awards
• Memberships in professional associations that are only open to persons with special qualifications
• Activities as a juror or reviewer in the respective specialist field
• Scientific publications in recognized journals
• significant contributions to the field, for example in the form of patents
• leading or decisive positions in renowned organizations
• an above-average salary or exceptional remuneration compared to the rest of the industry

Criteria for the art sector

In the artistic field, the following evidence, among others, can be used to recognize exceptional abilities:

• a leading or decisive role in productions or events with an outstanding reputation,
• international or national recognition for artistic achievements,
• a prominent position in prestigious organizations in the industry,
• commercial success or success with critics,
• Recognition by relevant organizations, experts or government agencies,
• an above-average salary or fee compared to the industry.

It is important to note that proof of a single criterion is not sufficient in isolation. It must always be proven that, for example, membership is only possible with exceptional qualifications or that a medium in which the applicant has been reported on has supra-regional relevance .

The application process

Who can submit the petition?

The petition for an O-1 visa must be filed by a US-based petitioner . This can be a US employer with whom an employment relationship exists, or a US agent representing the petitioner or the foreign employer. If the petitioner is self-employed or works for multiple U.S. clients – such as a musician with multiple concert promoters or a photographer with multiple U.S. magazines – an agent is usually required. In these cases, various contractual documents are required, including between the agent and the applicant and between the agent and the respective clients. Foreign agents or companies are not allowed to submit petitions.

Letter of recommendation

A key component of the application process is the letter of recommendation from a US trade union or peer group. This so-called „Consultation Letter“ or „Advisory Opinion“ assesses the qualifications of the applicant and the planned activity in the USA. The opinion is usually based on the complete petition, which must be submitted to the union. Although the USCIS is not legally bound by the result, it does require the submission of this letter.

Activity at several locations

If the applicant intends to work at various locations within the USA, a travel plan must also be submitted, stating the date, location and organizer of the planned assignments.

Visa process and processing time

The application procedure for an O-1 visa is divided into two phases.

Step 1: Filing the petition with the USCIS

With an O-1 visa, the applicant can enter the US up to ten days before the start of employment and remain there for up to ten days after completion of the work. However, gainful employment is not permitted during these ten days. It is important to note that the visa is always linked to a petition. For example, if a visa is issued for five years but the petition is only approved for three years, the employee may only stay in the US for three years. It is possible to extend the petition; as a rule, it is not necessary to apply for a new visa.

Step 2: Visa application at the US consulate

Once the petition has been approved, the second step takes place: the actual visa application at the US consulate. An application form must be completed online and the relevant fee paid. A personal appointment is then arranged at the consulate. This is usually available within a few days to around two weeks. As a rule, the consulate issues the visa without re-checking the content requirements.

Validity and entry

With an O-1 visa, the applicant may enter the USA up to ten days before the start of the work and stay there for up to ten days after completion of the work . However, gainful employment is not permitted during these ten days. It is important to know that the visa itself only permits entry. The actual duration of stay with the right to work is determined by the petition, the so-called Approval Notice, as well as the I-94 form, which is issued by the US border officials upon entry. The Approval Notice must be presented together with the visa upon entry.

Accompanying persons and family members

Accompanying personnel such as assistants or technicians can apply for an O-2 visa if their participation is essential for the project. This option is only available in the artistic or sporting field. However, if the O-1 applicant works in science, business or education, it is not possible to apply for an O-2 visa for accompanying persons. Spouses and unmarried children under the age of 21 receive an O-3 visa. They may legally reside in the USA, but may not engage in paid employment.

O-1 or P visa?

Whether the O visa or an alternative P visa is more suitable depends on the individual case. The O-1 visa is generally aimed at individuals who wish to perform or participate independently. The P visa is preferable if a group – such as a sports team or ensemble – is performing together.

We will be happy to advise you on choosing the right visa.

Legal support with the O-1 visa

Choosing the right visa and successfully applying for it are complex processes that require individual examination. are required. We will clarify which visa category is suitable for your project during a detailed initial consultation – by phone, video or in person. We will review your documents, assess your chances of success and guide you through the entire process – from strategic planning to submitting your application.

Feel free to contact us to arrange a consultation with our US visa expert.