Procedures for Obtaining O-1 Status


What are the Procedures for Obtaining O-1 Status?

Whether the alien is out of the United States seeking an O-1 Visa or is in the United States through another status and seeks to change status to O-1, the alien's prospective employer or agent must first get an approved O petition from the USCIS.

  • Advisory Opinion

    • Usually, the first step in an O petition process is obtaining an advisory opinion from an appropriate consulting entity, such as a peer group, labor organization, or management organization. The advisory opinion is to state whether the alien qualifies as an alien of extraordinary ability as provided above and whether such extraordinary abilities are required for the activities to be undertaken by the alien. An advisory letter is not required under the following circumstances:

    • An expeditious handling of the petition is requested (this can only be done in the event of an exigency such as an event that the proposed O-1 alien needs to attend, before an advisory opinion can be obtained);
    • An appropriate consulting entity does not exist as established by the petitioner; or
    • A waiver of the advisory opinion is made because a consultation has taken place within the prior two years with regard to a previous admission to render similar services. NOTE: this waiver only applies to an alien of extraordinary ability in the arts.
  • The O Petition

    • To file an O Petition, a prospective employer or agent must submit a Form I-129 Petition for Non-Immigrant Worker with an O/P Supplement. If an O-1 Visa is sought, regardless of whether the alien is inside or outside the United States, a request for consular processing should be made. NOTE: the alien seeking to obtain O-1 status may not self-petition for this status. The total package of materials to be sent are as follows:

    • Form I-129 with O/P Supplement;
    • One of the following:
      • An advisory opinion;
      • Evidence that an appropriate consulting entity does not exist;
      • A request for expeditious handling; or
      • A request for a waiver of the consulting requirements.
    • A company letter from the petitioning employer supporting the petition;
    • Supporting Documentation; and
    • Filing fee of $130.00.
  • Supporting documentation

    • The supporting documentation is to establish that the alien qualifies as an alien of extraordinary ability, and that the alien is going to be employed in activities using his extraordinary abilities. For information on the qualifications for O-1, please click here. Proof of the prospective employment is typically done through an employment contract combined with a written discussion of the work to be performed. For proof that the alien is an alien of extraordinary ability, the following types of documents can be submitted in support of an O Petition:

    • Degree certificates and evaluation reports of the alien;
    • Publications, presentations, abstracts, invitations to conferences for the alien as well as citations of such publications;
    • Comments on the alien's work by others in the alien's field;
    • Requests for reprints of alien's publications;
    • Evidence of awards or honors received;
    • Evidence of membership in professional associations;
    • Documents of alien's participation, either individually or on a panel, as the judge of the work of others in the field;
    • Critical reviews, advertisements, press releases, publications contracts, or endorsements;
    • Box office receipts or record, cassette, compact disk, or video sales;
    • Alien's Curriculum Vitae; and
    • Recommendation letters from experts in the alien's field explaining his standing as an "alien of extraordinary ability"

The listing above is not exclusive and other forms of evidence may be used.

For more information on the O-1 visa, please click one of the following links: