O-1

Related Links

• H-1B Petition Payment Request
• USCIS Form AR-11 – Change of Address (paper)
• USCIS Form AR-11 – Change of Address (online)
• USCIS Case Status Check
• USCIS Processing Times
• J-1 Visa Waiver Request/Check Status

O-1: Individuals with Extraordinary Ability or Achievement

Eligibility: The O-1 visa is a temporary, non-immigrant employment visa for individuals who demonstrate extraordinary ability or achievement in fields such as science, education, or business. To qualify for an O-1 visa, a foreign national must demonstrate sustained national or international acclaim and be coming to the U.S. to continue work in their area of expertise. 

The O-1 visa is based on the individual’s extraordinary ability in their field, rather than the nature of the job. To qualify, applicants typically need to demonstrate sustained national or international acclaim through achievements such as:

• Significant publications and citations,
• Original contributions of major significance to the field,
• Awards or recognition,
• Membership in associations requiring outstanding achievements,
• Evidence of critical roles in distinguished organizations.

While the O-1 visa is focused on the individual’s extraordinary ability, USCIS also considers whether the position itself requires and reflects that level of expertise.

Domestic Application: Individuals already in the United States in valid nonimmigrant status may apply for a change of status to O-1 or extend their current O-1 status through USCIS. This process does not currently require travel or a visa interview but must be completed before the expiration of the current status. Upon approval, the individual may begin or continue employment at UT Dallas under the terms of the approved petition.

International Application: After USCIS approves the I-129, O-1 visa applicants must apply for a visa stamp at a U.S. embassy or consulate. Presently, this requires the completion of Form DS-160 and scheduling an interview. This process is governed by the U.S. Department of State. For more information, visit the Department of State’s Temporary Worker Visa page.

Duration: The initial O-1 visa may be granted for up to three years, depending on the duration of the event or activity. Extensions are available in one-year increments as long as the individual continues to meet eligibility requirements and the need for their expertise persists. Each extension requires filing Form I-129 along with documentation supporting the continued need for their work. In academia, this visa is sometimes used by faculty or researchers who meet the eligibility standard, but it is not the typical route for all faculty appointments. 

O-1 visa holders may work ONLY during the validity period of their approved petition.  

Important: Employers are not required to cover any specific costs associated with an O-1 petition. Before initiating an O-1 petition, departments should have an internal discussion regarding the financial responsibility they are willing to assume. This includes potential legal fees, USCIS filing costs, and premium processing if applicable. Please note that the petition must be filed by the employer or an authorized agent, and the attorney may advise against pursuing the O-1 route based on the individual’s qualifications and the nature of the position.

*An O visa must be filed through an attorney who has been reviewed and approved by UTD. UTD does not reimburse or finance any filings prepared by attorneys who have not received prior approval from the University.

Fees: The USCIS filing fee for an O-1 petition is $530. If expedited processing is desired, premium processing is available for an additional $2,805, which guarantees a response within 15 business days. These fees do not include attorney consultation or legal preparation costs, which typically range from $5,000–$6,000 depending on the complexity of the case.

Processing Times: USCIS processing times can vary. Without premium processing, petitions can take up to six months, depending on USCIS load and whether a Request for Evidence (RFE) is issued. With premium processing, USCIS guarantees a response within 15 business days, which may be an approval, denial, or a request for additional evidence (RFE).

Please Note: Approval of an O-1 petition by USCIS does not guarantee that a visa will be issued by a U.S. consulate or embassy. Final visa issuance is at the discretion of the U.S. Department of State, and applicants may be subject to additional administrative processing or denial based on consular review.

Dependents: O-3 dependents (spouse and children) may accompany the O-1 visa holder but are not eligible to work in the U.S. unless they obtain separate work authorization under a different visa category.

Travel: Consult with the attorney handling your case before traveling to avoid unintentionally jeopardizing the petition or your legal status.

For more information about the O visa, please visit the USCIS O-1 Visa: Individuals with Extraordinary Ability or Achievement webpage.  

Please contact visasHR@utdallas.edu with any questions.