O-1 Visa

The O-1 was designed for people who have risen to the very top of their field. Scientists, founders, artists, athletes, filmmakers — if your work speaks for itself, we'll make sure USCIS hears it.

No cap, no lottery
Dual intent allowed
Self-sponsorship possible
O-1 visa applicant — extraordinary talent
94%
Approval rate
3–4
Weeks standard processing
1,400+
O-1 petitions filed
3
Years initial validity
What is the O-1 visa

Built for people at the top of their field.

The O-1 is a nonimmigrant work visa for individuals who demonstrate extraordinary ability in their field — not a general threshold, but proven excellence. Unlike the H-1B, it has no cap and no lottery. The petition can be filed by a US employer, a US-based agent, or your own US entity if you're self-employed or freelance.

  • No visa lottery — no cap on O-1 visas issued per year
  • Petition through a US employer, an agent, or your own US entity
  • Valid for 3 years initially, with unlimited 1-year extensions
  • Dual intent allowed — no need to abandon a green card application
  • Can be filed simultaneously with EB-1A for a parallel path to permanence
O-1A
Extraordinary Ability
For individuals with sustained national or international acclaim in sciences, education, business, or athletics.
Scientists Researchers Tech founders Athletes Academics Business leaders
O-1B
Extraordinary Achievement
For individuals with extraordinary achievement in the arts, or in the motion picture and television industry.
Artists Musicians Filmmakers Actors Designers Photographers

Not sure which applies to you? Most founders and tech professionals qualify under O-1A. Creative professionals in arts or entertainment typically fall under O-1B. Our free assessment tells you exactly where you stand.

Eligibility Criteria

What USCIS is looking for.

You don't need to satisfy every criterion — just demonstrate sustained excellence across the ones that fit your body of work. Most strong applicants meet 3 or 4.

Must satisfy at least 3 of the following 8 criteria, or provide evidence of a one-time achievement (e.g., a major internationally recognized award).

Awards & prizes
Nationally or internationally recognized prizes for excellence in the field.
Membership in elite associations
Membership requires outstanding achievement — peer-judged, not open enrollment.
Published material about you
Major trade publications, professional journals, or major media covering your work.
Judging others' work
Serving as a judge of others' work in your field — panels, grant reviews, editorial boards.
Original scientific or scholarly contributions
Major contributions of major significance — high-citation research, patents, or pivotal discoveries.
Authorship of scholarly articles
Published in professional journals or major media within your field.
Critical or essential role
For distinguished organizations — demonstrated through title, reporting structure, or role significance.
High salary or remuneration
Commanding significantly higher compensation than peers in your field — with documentary evidence.

Must satisfy at least 3 of the following 6 criteria, or provide evidence of distinction (e.g., a lead role in a critically acclaimed production).

Lead or starring role
In productions or events with distinguished reputation — shown through billing, contracts, or critical recognition.
Critical recognition
Published reviews in major newspapers, trade publications, or other professional media attesting to your distinction.
Significant commercial or critical success
Box office performance, ratings, streaming figures, or industry award nominations/wins.
Testimonials from recognized experts
Letters from recognized experts in your field speaking to your extraordinary achievement.
High salary relative to peers
Compensation substantially above others in your field — demonstrated by contracts or pay stubs.
Awards from the field
Industry recognition, guild awards, festival selections, or national/international honors.
Faircase O-1 legal team at work
How We Work

How Faircase's O-1 lawyers increase your odds of success.

We don't just file paperwork. We build the legal argument that maps your record onto each USCIS criterion — and make sure the adjudicator sees exactly what they need to approve.

Start with a free consult
Eligibility Assessment

We score your case across all O-1 criteria before you pay a dollar — so you know exactly where you stand before committing.

Evidence Strategy

Your attorney identifies which criteria you satisfy, flags gaps, and builds a targeted evidence plan to strengthen every angle of your case.

Full Petition Drafting

We write the complete I-129 petition and legal brief — the argument that connects your record to each USCIS criterion. You review every page.

Recommendation Letters

We draft letter templates pre-structured around the criteria each supporter is meant to address — so your recommenders can focus on substance.

RFE Response

If USCIS issues a Request for Evidence, we respond — fully, at no extra cost. Our RFE-to-approval rate on supported petitions exceeds 90%.

Extensions & Transfers

When your visa is up for renewal or you change employers, we handle the amended petition and any new filings quickly and efficiently.

Visa Comparison

How O-1 compares to other work visas.

Feature O-1 Visa ✦ H-1B EB-1A EB-2 NIW
Type Nonimmigrant work visa Nonimmigrant work visa Immigrant (Green Card) Immigrant (Green Card)
Annual cap No cap 85,000/year No cap Country backlog
Lottery required No lottery Yes No lottery No lottery
Employer sponsor required Petitioner needed (can be self) Required Self-petition Self-petition
Dual intent allowed Yes Yes Yes (Green Card) Yes (Green Card)
Standard processing 3–4 months (2 wks premium) 3–6 months 6–18 months 12–24+ months
Validity period 3 years + unlimited extensions 3 years, up to 6 Permanent Permanent
Difficulty to obtain High — requires proven excellence Moderate (lottery risk) Very high High
O-1 and EB-1A share similar eligibility standards and are often filed simultaneously. If you qualify for an O-1, you may be a strong EB-1A candidate too. Ask us about a dual strategy →
The Timeline

From first conversation to approval.

A well-built O-1 petition takes 6–10 weeks from start to filing. Here's exactly what happens, and when.

01
Week 1
Free eligibility assessment

Answer 12 questions about your career, recognition, and background. Our system scores your case across all 8 O-1A criteria (or 6 O-1B criteria) and gives you a clear probability score — before you pay anything.

AI-assisted pre-screening 8 minutes to complete Always free
02
Weeks 1–3
Evidence collection & strategy call

Your assigned attorney reviews your full record and schedules a 60-minute strategy call. Together you identify which criteria you satisfy, what evidence gaps exist, and how to fill them. We build your evidence package: recommendation letters, press coverage, contracts, citation data, expert opinions.

Dedicated attorney Document checklist Letter drafts included
03
Weeks 3–6
Petition drafting & review

Your attorney writes the full I-129 petition and supporting brief — the legal argument that maps your record to each criterion. You review every page. Most petitions go through 2–3 revision rounds before filing.

Full client review 2-attorney sign-off Unlimited revisions
04
Weeks 6–10
Filing, tracking & approval

Your attorney files with USCIS — either standard (3–4 months) or premium processing (15 business days). We track your case in real time and handle any Requests for Evidence (RFEs) at no additional cost. When the approval notice arrives, we walk you through next steps.

Premium processing available RFE response included Real-time status updates

Total Timeline

Phase Standard Premium Processing
Assessment & strategy call 1–2 weeks 1–2 weeks
Evidence collection & petition drafting 4–8 weeks 4–8 weeks
USCIS processing after filing 3–4 months 15 business days
Total estimated timeline ~5–6 months ~8–10 weeks
Timelines reflect business days only and may extend depending on how quickly the beneficiary and employer provide required documentation. USCIS premium processing fee ($2,805) is paid directly to the government and is separate from attorney fees.
Pricing

Transparent pricing, no surprises.

Three tiers to fit your situation. All plans include a dedicated attorney, full petition drafting, and unlimited revisions. USCIS filing fees are separate.

Essential
$4,500
+ USCIS filing fees (~$460)

For professionals with a strong, straightforward case. Full attorney support, start to finish.

  • Free eligibility assessment
  • Dedicated immigration attorney
  • Full I-129 petition & legal brief
  • Up to 6 recommendation letter templates
  • Document checklist & review
  • Standard USCIS filing
  • Case status tracking
Most popular
Guided
$7,500
+ USCIS filing fees (~$460)

For professionals who want maximum support and the strongest possible petition from day one.

  • Everything in Essential
  • 90-minute strategy & case-building call
  • Full recommendation letter drafting (up to 10)
  • Media & press coverage analysis
  • Citation & impact report (for researchers)
  • 2-attorney peer review before filing
  • RFE response included — no extra charge
  • Priority case manager access
RFE response fully included — no extra charge
Complete
$10,500
+ USCIS filing fees (~$460)

For complex cases — multiple employers, employment gaps, or a simultaneous EB-1A green card strategy.

  • Everything in Guided
  • Simultaneous EB-1A green card strategy
  • O-1 + EB-1A dual-track filing
  • Multiple employer/petitioner coordination
  • Premium processing filing included
  • Visa stamp appointment preparation
  • Dependent O-3 visa support
Premium processing fee (~$2,805) included

What you'll actually pay

A full breakdown of legal and government fees so there are no surprises. Government fees are paid directly to USCIS — not to Faircase.

O-1A New Petition
$4,500 – $10,500
O-1A Extension / Change of Employer / Amendment
$3,000
USCIS Filing Fee – Form I-129 Varies by employer size
$530 – $1,055
Asylum Program Fee (Employer) Waived for non-profits & small employers
$300 – $600
Premium Processing (optional) Guarantees 15 business day decision
$2,805
Testimonials

Straight from our clients.

FAQ

Common questions.

The answers to the questions immigration lawyers usually charge a consultation fee to answer. Don't see yours here? We're happy to help.

Contact us
No — fame isn't the standard. USCIS looks for demonstrated, documented excellence in your field. Many of our O-1 clients are not publicly known outside their professional community. A researcher with highly-cited papers, a designer with major editorial commissions, or a developer who plays a critical role at a significant company — all of these can qualify without being "famous."
The O-1 is a temporary work visa (nonimmigrant) — you maintain your home country's permanent residence and work in the US under a valid visa status. The EB-1A is a permanent residence visa (immigrant) — a Green Card path. The eligibility standards are very similar, which is why many strong O-1 applicants pursue both simultaneously. The O-1 gets you here quickly; the EB-1A makes it permanent.
Yes, but with a nuance. O-1 requires a US petitioner — an employer, agent, or organization filing on your behalf. If you're self-employed, you can establish a US entity (LLC or corporation) that acts as the petitioner for your services. This is a common and well-established structure. Freelancers often use a US-based agent to aggregate their engagements under a single petition.
A Request for Evidence (RFE) is USCIS asking for additional documentation or clarification — it's not a denial. Around 25–30% of O-1 petitions receive RFEs. On all Guided and Complete plans, RFE responses are fully included at no extra cost. We respond within the required window, and our RFE-to-approval rate on properly supported petitions is over 90%.
The petition preparation typically takes 6–10 weeks from your first call to filing. Once filed, standard USCIS processing is currently 3–4 months. If you elect premium processing ($2,805 USCIS fee), USCIS guarantees a decision within 15 business days of receipt. We recommend starting the process at least 5–6 months before you need to begin work in the US.
Yes. Your spouse and unmarried children under 21 can apply for O-3 dependent visas, which allow them to live in the US for the duration of your O-1 status. O-3 dependents may not work in the US, but they can study. O-3 dependent support is included in the Complete plan and available as an add-on on Essential and Guided plans.
Yes. A prior denial doesn't bar you from refiling, and in many cases a well-built new petition succeeds after an earlier denial. We've handled many cases where clients came to us after a denial or RFE from another firm. Before taking your case, we review the denial notice carefully to understand what USCIS found insufficient — and build the new petition to directly address those gaps.
Three things. First, transparency — you see every draft, every document, and your case status in real time. Second, structure — our platform organizes your evidence, tracks your criteria, and flags gaps before filing. Third, technology-assisted strategy — our case-building tools help identify which criteria you satisfy and surface supporting evidence you may have overlooked. Your attorney does the legal work; our platform makes that work faster, more thorough, and more visible to you.
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O-1 case?

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