Can I file an O-1A petition on my own behalf, or do I need a U.S. employer to file the petition for me?

You cannot self-petition for an O-1: the petition must be filed by a U.S. company that engages your services and acts as a petitioner, or by a U.S. agent.

I am an entrepreneur who is planning to launch a business in the United States. Can I apply for an O-1A using my own company as a petitioner?

Yes. A U.S. company that you own or co-own can serve as the petitioner. USCIS recognizes that a separate legal entity owned by the beneficiary may file an O-1 petition on the beneficiary's behalf. The company must be a bona fide business, and the petition should document the terms of the engagement and the nature of the work. Founders incorporate a U.S. company first, and that company (a distinct legal entity) then acts as the petitioner.

Can I freelance on O-1A visa?

Not in the open-ended sense of taking on any work you like. Your O-1A authorizes only the employment described in the approved petition. However, for fields where freelancing is customary, a U.S. agent may file a single petition covering multiple employers or engagements, supported by contracts and an itinerary. For O-1As, new engagements outside that petition generally require a new or amended filing. Where your petitioner is a single employer, including a company you own, you do not need to amend the petition every time you take on a new project, as long as the work stays within the same field and remains consistent with the terms and conditions described in the approved petition. An amended petition is required only for a material change, such as a new employer, a materially different role, or, in agent cases, engagements falling outside the approved itinerary.

Can I work for other companies, change employers, or start a new business on O-1A visa?

Generally, O-1A is connected to a company that filed the petition. If you want to change employers or establish a new business, you need to consult with an attorney, file a new O-1A petition on behalf of the new employer and wait for it to be approved before starting working for the new company.

What are the requirements for the sponsoring employer (US company)?

Aside from the company being properly incorporated and obtaining a Federal Employer Identification Number, there are no strict requirements. However, the company must be a real, bona fide business offering non-speculative employment.

What are the requirements for the proposed job?

The proposed employment must be within the same field in which you have extraordinary ability.

Are there any rules about salaries to be paid O-1A workers?

No, O-1 is quite flexible in this respect, and different forms of remuneration (e.g., salary, per-project remuneration, or percentage of profits) may be acceptable.

Does a U.S. petitioner incur any special obligations when sponsoring a foreign worker for a O-1A visa?

If the O-1 worker's employment is terminated for reasons other than voluntary resignation, the petitioner (and, where applicable, the employer) is responsible for the reasonable cost of the worker's return transportation to his or her last place of residence abroad.

What is the longest I can stay in the United States with the O-1A visa?

The initial approval of the petition is for a maximum of three years, and it can be extended beyond that term. An extension of status in the United States for the same employment is usually granted for one year, and a new engagement or project can get you a new 3-year term in O-1 status. Another way to obtain a three-year extension is to apply at a consulate. There is no maximum number of extensions, so this visa can be extended indefinitely.

Can O-1As work part-time?

Yes, as long as the petition is filed and approved for part-time employment. Switching from full-time to part-time might constitute a material change that require an amended petition, and you need to consult with an attorney.

Can I hold O-1 status with more than one employer at the same time?

Yes, but each employer generally needs its own approved petition, or a U.S. agent can file a single petition covering multiple employers or engagements with the required contracts and itinerary.

When should an O-1A petition be filed through an agent?

Agent petitions exist for situations where there is no single conventional U.S. employer. The regulations recognize three: an agent acting as the actual employer; an agent filing on behalf of multiple employers; and a U.S. agent filing for a foreign employer. For O-1A beneficiaries in the sciences, business, education, and athletics, the second is the one that usually applies: for example, a researcher, a product designer or a marketing expert who will consult for several institutions or companies. The petition must be supported by contracts or summaries of the terms agreed with each employer, evidence that the agent is authorized to act for them, and an itinerary identifying the services, the dates, locations and remuneration. Subsequent changes in the itinerary may require an amended petition. An agent petition is not a way to avoid naming a real employer or to obtain open-ended work authorization.

Can my spouse and children come with me on an O-1A?

Yes. Your spouse and unmarried children under 21 may hold O-3 status for the same period as your O-1. O-3 dependents may attend school in the United States, but they are not authorized to

What happens to my O-1 status if I lose my job?

You generally have a grace period of up to 60 consecutive days — or until the end of your authorized period of stay, if that is shorter — to find a new petitioner, change to another status, or depart. Your O-3 dependents keep status for the same period.

Should the petition request a change of status, or should I apply at a consulate?

If you are already in the United States in a valid status, the O-1 petition can ask USCIS to change your status here, so you do not have to travel. A change of status gives you O-1 status but not an O-1 visa, so you will still need a consular appointment before your next re-entry. If you are abroad, the petition is approved first and you then apply for the O-1 visa at a U.S. consulate before returning. If you are in the United States but expect to travel internationally, consult with an attorney about the pros and cons of requesting consular processing or change of status.

Can I pursue a green card while I hold O-1A status?

Generally, yes. O-1 is not formally a “dual intent” category, but the regulations do not require you to maintain a foreign residence, and filing a labor certification or an immigrant petition is not by itself a basis to deny an O-1 extension or admission. Many O-1A holders pursue EB-1A or an EB-2 National Interest Waiver while in O-1 status.

O-1A — Extraordinary Ability

This is the best place to prepare for your initial consultation with our attorneys. Here, you can learn more about the requirements and considerations for obtaining a specific type of visa, as well as find answers to the most frequently asked general questions.

O-1A

Basics

The O-1A “extraordinary ability” visa is for accomplished people who have attained national or international acclaim in their field. In absence of a specialized “startup visa” in the United States, O-1 has become a visa of choice for successful startup founders who can meet its exacting criteria. Our firm has been among the first to introduce this option to the tech community, and we have perfected the methods of building successful O-1 cases for entrepreneurs and professionals employed by tech startups. We have also worked with clients in many other fields of endeavor including scientists, business consultants, finance professionals, marketing experts, and many others.

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Despite the allusion to the Nobel Prize in O-1 regulations, one doesn’t have to be a Nobel laureate to qualify for this visa. In fact, most of our clients don’t have major internationally recognized awards.

In absence of a major award, one can qualify for O-1 by satisfying at least three out of these eight criteria:

Receipt of “lesser” nationally/internationally recognized prizes/awards for excellence in the field;
Membership in associations in the field that require outstanding achievement of their members, as judged by recognized national or international experts;
Published material in professional or major trade publications or major media about you;
Participation on a panel or as a judge of the work of others in the same or an allied field of specialization;
Original scientific, scholarly, or business-related contributions of major significance;
Authorship of scholarly articles in professional journals or other major media;
Current or previous employment in a critical or essential capacity for organizations or establishments that have a distinguished reputation; or,
Past or proffered high salary or other remuneration for services, evidenced by contracts or other reliable evidence.

If you think you can offer evidence of satisfying some of these criteria, it may be worthwhile to set up a consultation and have our Attorney evaluate your eligibility for this visa.

Answers to Frequently Asked Questions About This Visa Type

This list of questions will help you prepare for your consultation with an attorney

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