O-1 Visa: Requirements, Criteria, Filing and Fees
Under 8 CFR 214.2(o), an O-1 petition must establish extraordinary ability, shown by sustained national or international acclaim, in the sciences, arts, education, business or athletics, or a demonstrated record of extraordinary achievement in motion picture or television productions. A U.S. employer, a U.S. agent, or a foreign employer through a U.S. agent files the petition on the form USCIS prescribes, Form I-129, and Form G-1055 (edition 10/26/26) lists the O petition at $1,055 on paper and $1,005 online, plus additional fees. See also the green card renewal page and the EAD card page.
Maintained by Archie Chang · Reviewed November 2, 2026 · Methodology & sources
O-1A and O-1B, as defined
The USCIS O-1 page names the two O-1 groups this way:
“O-1A: Individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry);”
“O-1B: Individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry;”
8 CFR 214.2(o)(1)(ii) describes the O-1 classification:
“(A) An O-1 classification applies to:”
“(1) An individual alien who has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and who is coming temporarily to the United States to continue work in the area of extraordinary ability; or”
“(2) An alien who has a demonstrated record of extraordinary achievement in motion picture and/or television productions and who is coming temporarily to the United States to continue work in the area of extraordinary achievement.”
8 CFR 214.2(o)(3)(ii) defines the standards:
“Extraordinary ability in the field of science, education, business, or athletics means 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.”
“Extraordinary ability in the field of arts means distinction. Distinction means a high level of achievement in the field of arts evidenced by a degree of skill and recognition substantially above that ordinarily encountered to the extent that a person described as prominent is renowned, leading, or well-known in the field of arts.”
“Extraordinary achievement with respect to motion picture and television productions, as commonly defined in the industry, means a very high level of accomplishment in the motion picture or television industry evidenced by a degree of skill and recognition significantly above that ordinarily encountered to the extent that the person is recognized as outstanding, notable, or leading in the motion picture or television field.”
For how USCIS evaluates evidence, the USCIS O-1 page refers to its Policy Manual, which this page does not reproduce:
“For more information, see USCIS Policy Manual Volume 2, Part M.”
Evidence lists in 8 CFR 214.2(o)(3)
8 CFR 214.2(o)(3)(i) says:
“Extraordinary ability in the sciences, arts, education, business, or athletics, or extraordinary achievement in the case of an alien in the motion picture or television industry, must be established for an individual alien. An O-1 petition must be accompanied by evidence that the work which the alien is coming to the United States to continue is in the area of extraordinary ability, and that the alien meets the criteria in paragraph (o)(3)(iii) or (iv) of this section.”
That paragraph refers to paragraph (o)(3)(iii) or (iv). The eCFR text also prints paragraph (o)(3)(v), a list for motion picture and television, and the three lists are shown below as the eCFR prints them, including the words "At least three of the following forms of documentation" and the alternative in paragraph (A) of each.
O-1A: sciences, education, business or athletics (8 CFR 214.2(o)(3)(iii))
(iii) Evidentiary criteria for an O-1 alien of extraordinary ability in the fields of science, education, business, or athletics. An alien of extraordinary ability in the fields of science, education, business, or athletics must demonstrate sustained national or international acclaim and recognition for achievements in the field of expertise by providing evidence of:
- (A) Receipt of a major, internationally recognized award, such as the Nobel Prize; or
- (B) At least three of the following forms of documentation:
- (1) Documentation of the alien's receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
- (2) Documentation of the alien's membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;
- (3) Published material in professional or major trade publications or major media about the alien, relating to the alien's work in the field for which classification is sought, which shall include the title, date, and author of such published material, and any necessary translation;
- (4) Evidence of the alien's participation on a panel, or individually, as a judge of the work of others in the same or in an allied field of specialization to that for which classification is sought;
- (5) Evidence of the alien's original scientific, scholarly, or business-related contributions of major significance in the field;
- (6) Evidence of the alien's authorship of scholarly articles in the field, in professional journals, or other major media;
- (7) Evidence that the alien has been employed in a critical or essential capacity for organizations and establishments that have a distinguished reputation;
- (8) Evidence that the alien has either commanded a high salary or will command a high salary or other remuneration for services, evidenced by contracts or other reliable evidence.
- (C) If the criteria in paragraph (o)(3)(iii) of this section do not readily apply to the beneficiary's occupation, the petitioner may submit comparable evidence in order to establish the beneficiary's eligibility.
O-1B: arts (8 CFR 214.2(o)(3)(iv))
(iv) Evidentiary criteria for an O-1 alien of extraordinary ability in the arts. To qualify as an alien of extraordinary ability in the field of arts, the alien must be recognized as being prominent in his or her field of endeavor as demonstrated by the following:
- (A) Evidence that the alien has been nominated for, or has been the recipient of, significant national or international awards or prizes in the particular field such as an Academy Award, an Emmy, a Grammy, or a Director's Guild Award; or
- (B) At least three of the following forms of documentation:
- (1) Evidence that the alien has performed, and will perform, services as a lead or starring participant in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications contracts, or endorsements;
- (2) Evidence that the alien has achieved national or international recognition for achievements evidenced by critical reviews or other published materials by or about the individual in major newspapers, trade journals, magazines, or other publications;
- (3) Evidence that the alien has performed, and will perform, in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation evidenced by articles in newspapers, trade journals, publications, or testimonials;
- (4) Evidence that the alien has a record of major commercial or critically acclaimed successes as evidenced by such indicators as title, rating, standing in the field, box office receipts, motion pictures or television ratings, and other occupational achievements reported in trade journals, major newspapers, or other publications;
- (5) Evidence that the alien has received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field in which the alien is engaged. Such testimonials must be in a form which clearly indicates the author's authority, expertise, and knowledge of the alien's achievements; or
- (6) Evidence that the alien has either commanded a high salary or will command a high salary or other substantial remuneration for services in relation to others in the field, as evidenced by contracts or other reliable evidence; or
- (C) If the criteria in paragraph (o)(3)(iv) of this section do not readily apply to the beneficiary's occupation, the petitioner may submit comparable evidence in order to establish the beneficiary's eligibility.
O-1B: motion picture or television industry (8 CFR 214.2(o)(3)(v))
(v) Evidentiary criteria for an alien of extraordinary achievement in the motion picture or television industry. To qualify as an alien of extraordinary achievement in the motion picture or television industry, the alien must be recognized as having a demonstrated record of extraordinary achievement as evidenced by the following:
- (A) Evidence that the alien has been nominated for, or has been the recipient of, significant national or international awards or prizes in the particular field such as an Academy Award, an Emmy, a Grammy, or a Director's Guild Award; or
- (B) At least three of the following forms of documentation:
- (1) Evidence that the alien has performed, and will perform, services as a lead or starring participant in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications contracts, or endorsements;
- (2) Evidence that the alien has achieved national or international recognition for achievements evidenced by critical reviews or other published materials by or about the individual in major newspapers, trade journals, magazines, or other publications;
- (3) Evidence that the alien has performed, and will perform, in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation evidenced by articles in newspapers, trade journals, publications, or testimonials;
- (4) Evidence that the alien has a record of major commercial or critically acclaimed successes as evidenced by such indicators as title, rating, standing in the field, box office receipts, motion picture or television ratings, and other occupational achievements reported in trade journals, major newspapers, or other publications;
- (5) Evidence that the alien has received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field in which the alien is engaged. Such testimonials must be in a form which clearly indicates the author's authority, expertise, and knowledge of the alien's achievements; or
- (6) Evidence that the alien has either commanded a high salary or will command a high salary or other substantial remuneration for services in relation to other in the field, as evidenced by contracts or other reliable evidence.
The Instructions for Form I-129 (edition 09/09/26) have their own O-1A and O-1B sections that list the evidence to file with the petition. The lists above are the regulation text.
Who files, as stated
“Only one beneficiary may be included on an O-1 petition. O-2 aliens must be filed for on a separate petition from the O-1 alien. An O-1 or O-2 petition may only be filed by a United States employer, a United States agent, or a foreign employer through a United States agent.”
“A foreign employer may not directly petition for an O nonimmigrant alien but instead must use the services of a United States agent to file a petition for an O nonimmigrant alien.”
“An O alien may not petition for himself or herself.”
“A United States agent may file a petition in cases involving workers who are traditionally self-employed or workers who use agents to arrange short-term employment on their behalf with numerous employers, and in cases where a foreign employer authorizes the agent to act in its behalf.”
On timing, 8 CFR 214.2(o)(2)(i) says:
“The petition may not be filed more than one year before the actual need for the alien's services.”
When we checked on November 2, 2026, the uscis.gov Form I-129 page (Last Reviewed/Updated 10/30/2026) said about the form edition:
“Starting Nov. 9, 2026, we will accept only the 09/09/26 edition.”
Consultation, as stated
“(A) Consultation with an appropriate U.S. peer group (which could include a person or persons with expertise in the field), labor and/or management organization regarding the nature of the work to be done and the alien's qualifications is mandatory before a petition for an O-1 or O-2 classification can be approved.”
“(B) Except as provided in paragraph (o)(5)(i)(E) of this section, evidence of consultation shall be in the form of a written advisory opinion from a peer group (which could include a person or persons with expertise in the field), labor and/or management organization with expertise in the specific field involved.”
Paragraph (o)(5)(i)(E) is the exception that the second sentence points to; it is not reproduced here. For an O-1 of extraordinary ability, paragraph (o)(5)(ii) says:
“Consultation with a peer group in the area of the alien's ability (which may include a labor organization), or a person or persons with expertise in the area of the alien's ability, is required in an O-1 petition for an alien of extraordinary ability. If the advisory opinion is not favorable to the petitioner, the advisory opinion must set forth a specific statement of facts which supports the conclusion reached in the opinion. If the advisory opinion is favorable to the petitioner, it should describe the alien's ability and achievements in the field of endeavor, describe the nature of the duties to be performed, and state whether the position requires the services of an alien of extraordinary ability. A consulting organization may also submit a letter of no objection in lieu of the above if it has no objection to the approval of the petition.”
For motion picture and television, paragraph (o)(5)(iii) says:
“In the case of an alien of extraordinary achievement who will be working on a motion picture or television production, consultation shall be made with the appropriate union representing the alien's occupational peers and a management organization in the area of the alien's ability. If an advisory opinion is not favorable to the petitioner, the advisory opinion must set forth a specific statement of facts which supports the conclusion reached in the opinion. If the advisory opinion is favorable to the petitioner, the written advisory opinion from the labor and management organizations should describe the alien's achievements in the motion picture or television field and state whether the position requires the services of an alien of extraordinary achievement. If a consulting organization has no objection to the approval of the petition, the organization may submit a letter of no objection in lieu of the above.”
Paragraph (o)(5)(ii)(B) sets a waiver for one arts case:
“Consultation for an alien of extraordinary ability in the field of arts shall be waived by the Director in those instances where the alien seeks readmission to the United States to perform similar services within 2 years of the date of a previous consultation.”
Paragraph (o)(5)(i)(G) addresses a case where the petitioner establishes that no appropriate peer group exists:
“(G) In those cases where it is established by the petitioner that an appropriate peer group, including a labor organization, does not exist, the Service shall render a decision on the evidence of record.”
Validity and extension periods, as stated
“(A) O-1 petition. An approved petition for an alien classified under section 101(a)(15)(O)(i) of the Act shall be valid for a period of time determined by the Director to be necessary to accomplish the event or activity, not to exceed 3 years.”
“(10) Admission. A beneficiary may be admitted to the United States for the validity period of the petition, plus a period of up to 10 days before the validity period begins and 10 days after the validity period ends. The beneficiary may only engage in employment during the validity period of the petition.”
“(11) Extension of visa petition validity. The petitioner must file a request to extend the validity of the original petition under section 101(a)(15)(O) of the Act on the form prescribed by USCIS, in order to continue or complete the same activities or events specified in the original petition. A petition extension generally may be filed only if the validity of the original petition has not expired.”
“(ii) Extension period. An extension of stay may be authorized in increments of up to 1 year for an O-1 or O-2 beneficiary to continue or complete the same event or activity for which he or she was admitted plus an additional 10 days to allow the beneficiary to get his or her personal affairs in order.”
FedRateCalc's I-94 page explains the Form I-94 record from CBP sources.
O-2 and O-3, as stated
“O-2: Individuals who will accompany an O-1 artist or athlete to assist in a specific event or performance; and”
“O-3: Individuals who are the spouse or children of O-1 and O-2 visa holders.”
“(B) An O-2 classification applies to an accompanying alien who is coming temporarily to the United States solely to assist in the artistic or athletic performance by an O-1. The O-2 alien must:”
“(1) Be an integral part of the actual performances or events and possess critical skills and experience with the O-1 alien that are not of a general nature and which are not possessed by others; or”
“(2) In the case of a motion picture or television production, have skills and experience with the O-1 alien which are not of a general nature and which are critical, either based on a pre-existing and longstanding working relationship or, if in connection with a specific production only, because significant production (including pre- and post-production) will take place both inside and outside the United States and the continuing participation of the alien is essential to the successful completion of the production.”
“An O-2 accompanying alien provides essential support to an O-1 artist or athlete. Such aliens may not accompany O-1 aliens in the fields of science, business, or education.”
“(B) O-2 petition. An approved petition for an alien classified under section 101(a)(15)(O)(ii) of the Act shall be valid for a period of time determined to be necessary to assist the O-1 alien to accomplish the event or activity, not to exceed 3 years.”
“NOTE: Employers must file a separate Form I-129 to petition for O and P essential support personnel apart from any petition they file for O or P principal aliens or P group or team.”
“(iv) Spouse and dependents. The spouse and unmarried minor children of the O-1 or O-2 alien beneficiary are entitled to O-3 nonimmigrant classification, subject to the same period of admission and limitations as the alien beneficiary, if they are accompanying or following to join the alien beneficiary in the United States. Neither the spouse nor a child of the alien beneficiary may accept employment unless he or she has been granted employment authorization.”
“They may not work in the United States under this classification, but they may participate in full-time or part-time study on an O-3 visa.”
O-1 fees: Form G-1055 and 8 CFR 106.2
| Fee | Paper filing | Online filing | Rule |
|---|---|---|---|
| Form I-129, O petition (G-1055 Appendix A) | $1,055 | $1,005 | 8 CFR 106.2(a)(3)(vii); online discount in 106.1(g) |
| O petition filed as a small employer or nonprofit | $530 | $530 | 8 CFR 106.2(a)(3)(ix) and (xi) |
| Asylum Program Fee, regular petitioner | $600 | $600 | 8 CFR 106.2(c)(13) |
| Asylum Program Fee, nonprofit | $0 | $0 | 8 CFR 106.2(c)(13)(i) |
| Asylum Program Fee, small employer | $300 | $300 | 8 CFR 106.2(c)(13)(ii) |
| Premium processing, Form I-907, O classification (paid separately) | $2,965 | $2,965 | 8 CFR 106.4(c)(6) |
Form G-1055 prints each O petition amount with "plus additional fees", and its O petition rows are limited to one beneficiary per petition for O-1 and 25 beneficiaries per petition for O-2. The rule text behind the table:
“(vii) Petition for O Nonimmigrant Worker with 1 to 25 named beneficiaries: $1,055.”
“(ix) For small employers and nonprofits as defined in § 106.1(f), the fees in paragraphs (a)(3)(ii), (a)(3)(iv), (a)(3)(vi), (a)(3)(vii), and (a)(3)(viii) of this section will be one-half the amount in those paragraphs rounded to the nearest $5 increment.”
“(x) Additional fees in paragraph (c) of this section may apply.”
“(xi) The online filing discount in § 106.1(g) does not apply to the fee for small employers and nonprofits in paragraphs (a)(3)(i), (a)(3)(iii), (a)(3)(v), and (a)(3)(ix) of this section.”
“(13) Asylum Program Fee. In addition to the fees required by § 106.2(a)(3), (a)(4) and (a)(11), to fund the asylum program, the Asylum Program Fee must be paid by any petitioner filing a Petition for a Nonimmigrant Worker, Form I-129 under 8 CFR 214.2, Petition for a CNMI-Only Nonimmigrant Transitional Worker, Form I-129CW under 8 CFR 214.2(w), or an Immigrant Petition for Alien Worker, Form I-140 under 8 CFR 204.1(a). $600. For petitions: (i) Filed by a nonprofit as defined in § 106.1(f): No fee. (ii) Filed by a small employer as defined in § 106.1(f): $300. (iii) The online filing discount provided in § 106.1(g) does not apply to this fee.”
For premium processing, Form G-1055 and 8 CFR 106.4 say:
“*The Premium Processing fee is in addition to all other applicable filing fees. You must submit the Premium Processing fee separately from other filing fees. Form I-907 may not be filed by a beneficiary or co-applicant of the primary form for which premium processing is being requested.”
“Please be aware that you may only request premium processing for a benefit if USCIS has announced on its website that premium processing is available for that benefit.”
“The fee to request premium processing service may not be waived and must be paid in addition to other filing fees.”
“Fee waivers not available: USCIS fee waiver regulations at 8 CFR 106.3(a) do not provide for a Fee Waiver for Form I-907.”
“(6) Petition for classification of a nonimmigrant described in section 101(a)(15)(O)(i) or (ii) of the INA—$2,965.”
“Each application, petition, or request must be accompanied by the correct fee(s) unless you are exempt from paying the fee(s) or are eligible for a fee waiver. If the fee is incorrect, the application, petition, or request will be rejected.”
What we checked
When we checked on November 2, 2026, the eCFR text of 8 CFR 214.2(o), 106.2 and 106.4 was up to date as of October 29, 2026, Form G-1055 was edition 10/26/26, the Instructions for Form I-129 were edition 09/09/26 and the uscis.gov O-1 page carried Last Reviewed/Updated 03/03/2023. A change published after those dates is not reflected here.
Frequently asked questions
What is the difference between O-1A and O-1B?
The USCIS O-1 Visa page (Last Reviewed/Updated 03/03/2023) lists O-1A as individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry), and O-1B as individuals with an extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry. 8 CFR 214.2(o)(3)(iii), (iv) and (v) give a separate evidence list for each group.
What evidence does 8 CFR 214.2(o)(3)(iii) list for O-1A?
8 CFR 214.2(o)(3)(iii) lists receipt of a major, internationally recognized award, such as the Nobel Prize, or at least three of eight forms of documentation. Paragraph (C) says: "If the criteria in paragraph (o)(3)(iii) of this section do not readily apply to the beneficiary's occupation, the petitioner may submit comparable evidence in order to establish the beneficiary's eligibility."
Who files an O-1 petition?
8 CFR 214.2(o)(2)(i) says an O-1 or O-2 petition "may only be filed by a United States employer, a United States agent, or a foreign employer through a United States agent" and that "An O alien may not petition for himself or herself." The petition is filed on the form USCIS prescribes, which is Form I-129.
Does an O-1 petition need a consultation?
8 CFR 214.2(o)(5)(i)(A) says consultation with an appropriate U.S. peer group, labor and/or management organization "is mandatory before a petition for an O-1 or O-2 classification can be approved." Paragraph (o)(5)(i)(B) begins "Except as provided in paragraph (o)(5)(i)(E) of this section", (o)(5)(ii)(B) describes a waiver for certain O-1 arts cases, and (o)(5)(i)(G) says: "In those cases where it is established by the petitioner that an appropriate peer group, including a labor organization, does not exist, the Service shall render a decision on the evidence of record."
How long is an approved O-1 petition valid?
8 CFR 214.2(o)(6)(iii)(A) says an approved O-1 petition is valid for a period of time determined by the Director to be necessary to accomplish the event or activity, not to exceed 3 years. Under (o)(12)(ii), an extension of stay may be authorized in increments of up to 1 year for an O-1 or O-2 beneficiary to continue or complete the same event or activity for which he or she was admitted, plus an additional 10 days.
What are O-2 and O-3?
The USCIS O-1 Visa page lists O-2 as individuals who will accompany an O-1 artist or athlete to assist in a specific event or performance, and O-3 as the spouse or children of O-1 and O-2 visa holders. 8 CFR 214.2(o)(6)(iv) says the spouse and unmarried minor children are entitled to O-3 classification, and that they may not accept employment unless granted employment authorization.
How much does an O-1 petition cost?
Form G-1055 (edition 10/26/26) lists the I-129 O petition at $1,055 on paper and $1,005 online plus additional fees, and $530 for a small employer or nonprofit. The Asylum Program Fee is $600 for a regular petitioner, $0 for a nonprofit and $300 for a small employer. Premium processing on Form I-907 is $2,965 for O classifications.
Where do these figures come from?
When we checked on November 2, 2026, the eCFR text of 8 CFR 214.2(o), 106.2 and 106.4 was up to date as of October 29, 2026, Form G-1055 was edition 10/26/26, the Instructions for Form I-129 were edition 09/09/26, and the USCIS O-1 Visa page carried Last Reviewed/Updated 03/03/2023. FedRateCalc is not affiliated with USCIS, and USCIS's own site and forms are authoritative.
Related pages
Sources
Reviewed November 2, 2026. Every rule, list and fee on this page comes from the eCFR text of 8 CFR 214.2(o), 106.2 and 106.4, up to date as of October 29, 2026, from Form G-1055, Fee Schedule, edition 10/26/26, and from the uscis.gov pages and form instructions named with each quotation.
- 8 CFR 214.2(o), Aliens of extraordinary ability or achievement (eCFR)
- 8 CFR 106.1, Fee requirements (eCFR)
- 8 CFR 106.2, USCIS fees (eCFR)
- 8 CFR 106.4, Premium processing service (eCFR)
- USCIS Form G-1055, Fee Schedule (PDF, edition 10/26/26)
- USCIS, Fee Schedule page
- USCIS, O-1 Visa: Individuals with Extraordinary Ability or Achievement
- USCIS, Form I-129 page
- USCIS, Instructions for Form I-129 (PDF, edition 09/09/26)
- USCIS, How Do I Request Premium Processing?