O-1 visa: work in the United States with extraordinary ability
The O-1 is a temporary visa for people with extraordinary ability in the sciences, arts, education, business or athletics, or with extraordinary achievement in motion pictures and television, recognized nationally or internationally.
General requirements
- Extraordinary ability or achievement: shown through sustained national or international acclaim in your field.
- Purpose of the trip: coming temporarily to the United States to continue working in your area of extraordinary ability.
- U.S. petitioner: a U.S. employer, a U.S. agent or a foreign employer through a U.S. agent files Form I-129. Self-petitions are not allowed.
- Written consultation: an advisory opinion from a peer group, a labor organization or a person with expertise in the beneficiary’s area.
- Contract and itinerary: a copy of the written contract or a summary of the terms of the oral agreement, plus an explanation of the events or activities and their dates.
O-1A, O-1B, O-2 and O-3
O-1A
Sciences, education, business and athletics
For those among the small percentage who have risen to the very top of their field. This is the category that usually applies to entrepreneurs and executives.
O-1B
Arts, motion pictures and television
The arts require distinction: a level of achievement well above the ordinary. Motion pictures and television require extraordinary achievement recognized in the industry.
O-2
Support personnel
People who accompany an O-1 artist or athlete for a specific event or performance and whose assistance is an integral part of that activity.
O-3
Spouse and children
Spouse and children under 21 of O-1 and O-2 holders. They may not work on this visa, but they may study full time or part time.
How extraordinary ability is shown
| O-1A (sciences, education, business, athletics) | O-1B (arts, motion pictures and television) | |
|---|---|---|
| Standard | Being among the small percentage at the very top of the field, with sustained acclaim. | Arts: distinction. Motion pictures and TV: extraordinary achievement recognized as outstanding or notable. |
| Award route | A major, internationally recognized award, such as the Nobel Prize. | A significant national or international award or a nomination (for example, an Academy Award, Emmy or Grammy). |
| Criteria route | Meet at least 3 of 8 criteria. | Meet at least 3 of 6 criteria. |
| Comparable evidence | Allowed if a criterion does not readily apply to the occupation. | Allowed in the arts; not allowed in motion pictures and television. |
The 8 O-1A criteria
- Awards: nationally or internationally recognized prizes or awards for excellence in the field.
- Memberships: in associations that require outstanding achievements of their members.
- Published material about you: in professional or major media about your work.
- Judging: having judged the work of others in your field, individually or on a panel.
- Original contributions: scientific, scholarly or business-related contributions of major significance.
- Authorship: scholarly articles in professional journals or other major media.
- Critical role: employment in a critical or essential capacity for organizations with a distinguished reputation.
- High pay: a high salary or other high remuneration compared with others in the field.
Steps to obtain the O-1 visa
Gather the evidence
Document the criteria, obtain the written consultation and prepare the contract and the itinerary of activities.
File Form I-129
The petitioner files it with USCIS no more than one year in advance; filing at least 45 days before employment starts is recommended.
USCIS approval
If approved, USCIS issues Form I-797. Petition approval does not guarantee a visa.
Consular application
Complete Form DS-160 and attend the interview at a U.S. embassy or consulate.
Entry to the U.S.
You may enter up to 10 days before the validity period, but you may only work during that period.
Extensions
To continue or complete the same activity, the petitioner requests an extension with a new Form I-129.
Length of stay and family
Initial stay
Up to 3 years
The time needed for the event or activity, not to exceed three years.
Extensions
Up to 1 year each
Granted in increments of up to one year, based on the time needed to complete the activity.
Changing employers
New petition
The new employer must file a new Form I-129 with USCIS.
O-1 and franchises
The O-1 is not an investment visa: it does not require a minimum amount or the purchase of a business. According to USCIS, a separate legal entity you own, such as a corporation or an LLC, may file the petition on your behalf. You must still show extraordinary ability and that you are coming to continue working in that area; acquiring a franchise does not, by itself, make someone eligible.
If your main goal is to invest in a franchise, it is also worth comparing the E-2 visa, the L-1 visa and the EB-5 visa, which are based on investment or on a company’s structure.
O-1 visa: what you should know
The O-1 visa is a temporary work visa for people who show extraordinary ability in the sciences, arts, education, business or athletics, or extraordinary achievement in motion pictures and television. The O-1A covers the sciences, education, business and athletics; the O-1B covers the arts, motion pictures and television. Eligibility is shown with a major award or with at least three of the criteria set by regulation, and USCIS weighs the evidence as a whole.
A U.S. employer or agent files the petition on Form I-129, together with a written consultation, the contract and the itinerary. The initial stay can be up to three years, with extensions of up to one year. For an entrepreneur, a company they own in the U.S. can act as petitioner, but the visa is based on the person’s profile, not on an investment.
Decisions belong to USCIS and the consulates; no one can guarantee approval. That is why it makes sense to review the case with an immigration attorney and, if you plan to operate a franchise, to compare brands with an FBA-certified franchise broker before signing.
Sources consulted
Data checked in October 2026. Rules and requirements may change: always confirm current information with the official sources.
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