USA O-1 Extraordinary Ability Visa

The O-1 is a merit visa, not an investment programme: no capital is required, and no capital can replace the evidence. It is a temporary, renewable non-immigrant visa, not a green card, and the United States has no citizenship by investment.

What is the O-1 visa, and what is it not?

The O-1 visa is the US non-immigrant classification for individuals with extraordinary ability or achievement who come to the United States temporarily to continue work in their field. Its legal basis is section 101(a)(15)(O) of the Immigration and Nationality Act, the regulation at 8 CFR 214.2(o) and Volume 2, Part M of the USCIS Policy Manual. USCIS decides the petition; a US consulate issues the visa. There is no annual cap.

• What it is: work-authorised status for a specific role, filed by a US petitioner.
• What it is not: permanent residence, a green card or an investment visa. It does not by itself lead to US citizenship (see residency versus citizenship).

O-1A or O-1B: which category fits you?

The O-1 has two categories. O-1A covers extraordinary ability in the sciences, education, business or athletics. O-1B covers extraordinary ability in the arts, or extraordinary achievement in the motion picture or television industry. O-2 covers essential support personnel of an O-1 artist or athlete; O-3 covers the family.

For founders, executives, scientists and engineers the relevant category is almost always O-1A, and this page concentrates on it. O-1B has its own evidentiary standard, which we confirm case by case.

What are the O-1A requirements in 2026?

An O-1A applicant must show sustained national or international acclaim in the field. There are two ways to meet the evidence test under 8 CFR 214.2(o)(3)(iii), as set out in USCIS Policy Manual Volume 2, Part M, Chapter 4:

• A major, internationally recognised award, on its own; or
• At least three of the eight regulatory criteria, followed by a totality (final merits) review of all the evidence.

The eight O-1A criteria are:

1. Nationally or internationally recognised prizes or awards for excellence in the field.
2. Membership in associations that require outstanding achievements, as judged by recognised experts.
3. Published material about you in professional or major trade publications or major media.
4. Participation, on a panel or individually, as a judge of the work of others in the field.
5. Original scientific, scholarly or business-related contributions of major significance.
6. Authorship of scholarly articles in professional journals or other major media.
7. Employment in a critical or essential capacity for organisations with a distinguished reputation.
8. A high salary or other high remuneration, shown by contracts or other reliable evidence.

Three criteria are the threshold, not the decision: USCIS then weighs all the evidence together. Where a criterion does not readily apply to your occupation, comparable evidence may be submitted. For a founder, the strongest files usually combine business contributions of major significance, a critical role at a distinguished company, press coverage, judging roles and high remuneration.

Can founders and entrepreneurs get an O-1 visa?

Yes, provided the evidence is there and a qualifying petitioner files. Under the USCIS Policy Manual Volume 2, Part M, Chapter 3, you cannot petition for yourself. Form I-129 may be filed by:

• a US employer;
• a US agent, for traditionally self-employed workers, for workers who use an agent to arrange short-term work with several employers, or where a foreign employer authorises the agent to act on its behalf; or
• a separate legal entity you own, such as a US corporation or limited liability company.

The third option is what makes the O-1A workable for founders: your own US company can petition, even though you cannot. You may then work only for the petitioner (or the employers covered by an agent petition), in your area of extraordinary ability.

Before a petition can be approved, a consultation (written advisory opinion) is mandatory. It comes from an appropriate US peer group, a labour and/or management organisation, or a person with expertise in your field. Where the petitioner shows that no appropriate peer group exists, USCIS decides on the evidence of record (8 CFR 214.2(o)(5)). To test whether your profile meets the bar, book a free consultation.

How much does an O-1 visa cost in government fees?

The O-1 has no investment requirement. The outlays are government fees and professional fees. The table shows the US government fees as of 12 October 2026, read from USCIS Form G-1055 (edition 10/07/26) and 22 CFR 22.1.

These are government fees only. Mirabello's advisory fee and the independent US attorney's fee are separate. Fees change: verify against the official source before you file.

How does the O-1 process work, step by step?

1. Assess the evidence. We map your record against the award test and the eight criteria; the independent US attorney assesses legal sufficiency.
2. Identify the petitioner. A US employer, a US agent, or a US company you own.
3. Obtain the advisory opinion from a peer group or expert in your field.
4. File Form I-129 with USCIS, with or without premium processing. From 9 November 2026 USCIS accepts only the 09/09/26 edition (USCIS Form I-129).
5. Apply for the visa at a US consulate, or change status if you are already lawfully in the United States.
6. Admission for up to three years, with extensions in increments of up to one year.

Premium processing gives USCIS action within 15 business days. Standard processing times vary by service centre and consular appointment times vary by post, so we check current times for your case rather than quote one figure.

How long is the O-1 visa valid?

The initial O-1 admission is for up to three years, limited to the time needed for the event or activity. Extensions are granted in increments of up to one year to continue or complete the same event or activity, and there is no fixed maximum number of extensions (USCIS O-1 page). When the work ends, current regulations allow a discretionary grace period to change status, find a new petitioner or depart. A DHS proposed rule of 11 September 2026 (91 FR 57807) would remove it; it is a proposal only and not in force.

Can your spouse and children come, and can they work?

Your spouse and unmarried minor children may accompany you or follow to join in O-3 status. They may study in the United States, but they may not work in O-3 status (8 CFR 214.2(o)(6)(iv)). This is a real difference from the E-2 and L-1A, where the spouse is employment-authorised.

Can an O-1 visa lead to a green card?

The O-1 itself does not convert into a green card. What the regulation does say is helpful: under 8 CFR 214.2(o)(13), approval of a labour certification or the filing of a preference petition is not a basis for denying an O-1 petition, extension, admission or change of status. You can therefore hold O-1 status while a separate immigrant petition is pursued.

The common bridge is the EB-1A extraordinary-ability green card. EB-1A lists ten criteria, including the same kinds of evidence as the eight O-1A criteria plus two others. But the standards and petitions are separate: O-1A needs a petitioner, while EB-1A is an immigrant petition (Form I-140, 8 CFR 204.5(h)) you may file yourself, with an intention to continue your work in the United States. USCIS decides each on its own record, so an O-1 approval does not decide the EB-1A.

If you would rather qualify through capital than acclaim, the EB-5 immigrant investor programme leads to permanent residence through a qualifying investment.

What changes for Europeans considering the O-1?

Europeans use the O-1 for three reasons.

• No E-2 treaty for their nationality. The O-1 is open to all nationalities. The E-2 investor visa is not: on the State Department treaty table (9 FAM 402.9-10), Greece is a treaty-trader (E-1) country only, and Hungary, Cyprus, Malta, Iceland and Liechtenstein do not appear at all. German, Austrian, Swiss, Italian, French, Dutch, Spanish, Portuguese and Turkish nationals hold E-2 treaty nationality and can compare both.
• No wish to put capital at risk. An E-2 needs a substantial investment in a US business; the O-1A needs evidence, not capital.
• A record that already speaks for itself. Researchers with publications and peer-review roles, or athletes with international titles, often fit the criteria more naturally than an investment test.

Two planning points matter. First, US tax residence: a non-immigrant becomes a US tax resident under the IRS Substantial Presence Test (at least 31 days in the current year and 183 weighted days over three years), and US tax residents report their worldwide income (IRS: taxation of US residents). FATCA and FBAR reporting may also apply. Second, your home-country position (social security, pension, health cover, tax residence) is best settled with a qualified adviser before the move. This is general information, not tax advice.

O-1, E-2, L-1A or EB-5: how do the US routes compare?

If you plan to buy into a franchise rather than build on your own record, see the E-2 franchise route. For every route side by side, start at our USA immigration hub.

Ask Mira, by Mirabello

Not sure your record reaches the O-1A bar? Ask Mira, by Mirabello, our AI immigration advisor, to compare the US routes for your nationality, capital and career evidence. A specialist then reviews your actual case.

How Mirabello Consultancy helps

Mirabello Consultancy advises on fit and strategy: whether the O-1A is the right route, which petitioner structure suits you, how your evidence maps to the criteria and how the O-1 fits a later green-card plan. We organise the documents and coordinate the case. All US immigration petitions and legal assessments are prepared and filed exclusively by independent, licensed US immigration attorneys.

Mirabello Consultancy is a boutique investment-migration advisory firm. We are not a law firm and do not provide legal, tax, investment or financial advice. This page is general information, not advice on your circumstances, and creates no attorney-client or adviser-client relationship. Mirabello Consultancy Ltd is incorporated and operates from Switzerland, with offices in Dubai and Hong Kong SAR; it maintains no establishment in the United States and does not practise US law. Visa outcomes are decided solely by the US authorities and no result can be promised. Figures are time-sensitive: verify them at the official source. Book a free consultation to discuss your O-1 strategy.