H-1B Visa

O-1 Visa:

  • The O-1 visa provides temporary work authorization for individuals who possesses extraordinary ability in a specific field, and who have been recognized nationally or internationally for those achievements.

  • The O-1A visa is available for Individuals who possess extraordinary ability in the sciences, education, business, or athletics.

Petitioner Required:

  • Like most non-immigrant visas, the O-1 visa requires a petitioner to sponsor an individual for the visa.

  • The petitioner can be the applicant’s actual employer or an agent. An agent may be used for short-term employment with multiple employers.

Basic O-1A Visa Requirements:

  • To qualify for an O-1A visa for MMA or related activities, individuals must prove that they possess “extraordinary ability” in their field.

  • Extraordinary ability is defined as “a level of expertise indicating that the person is one of the small percentage who have arisen to the very top of the field of endeavor.”

  • The applicant must have achievements that have been recognized in the field through extensive documentation.

  • The applicant must show a “sustained national or international acclaim”, i.e. continuing for an extended period or without interruption. 

  • The applicant must be seeking entry to work in the area of extraordinary ability. 

Extraordinary Ability Factors:

Applicants must show that they have either received a major internationally recognized award (e.g. equivalent to a Nobel Prize), or can provide evidence of at least 3 of the following:

  1. Evidence of nationally or internationally recognized prizes or awards in the field

  2. Evidence of membership in associations that require outstanding achievements, as judged by recognized national or international experts in the fields

  3. Evidence that major publications or major media about the applicant’s accomplishments in the field

  4. Evidence of participation on a panel, or individually, as a judge of the work of others in the same or in an allied field

  5. Evidence of original scientific, scholarly, or business-related contributions of major significance in the field

  6. Evidence of authorship of scholarly articles in the field, in professional journals, or other major media

  7. Evidence of employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation

  8. Evidence of a high salary or other compensation

Application Process:

  • An employer or agent files an I-129 petition with USCIS

  • If the applicant is currently in the U.S. under another visa classification, e.g. as a B-1/B-2 visitor, the I-129 petition can be filed as a “change of status.” When USCIS approves the I-129 petition, the applicant’s visa status is automatically changed to O-1 visa status.

  • If the applicant is not in the U.S., after the I-129 petition is approved the applicant must apply for an O-1 visa stamp at the U.S. Embassy/Consulate in their home country.

Approval Period:

  • If the I-129 petition is approved, the applicant will obtain authorization to reside and work in the U.S. for up to a 3-year period.

  • Applicants can extend their O-1 visa status in 1-year intervals.

Family Members:

  • Spouses and children under the age of 21 are eligible for O-3 visas, which allow them to travel and reside in the U.S. for the same period as the O-1 visa holder.

More Information:

Revised April 8, 2023.