O-1: Aliens of Extraordinary Ability

Immigration regulations define extraordinary ability as a “level of expertise indicating that the person is one of that small percentage who have risen to the very top of the field of endeavor.”

O-1 status is available to foreign nationals who have extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation, and seek to enter the U.S. to continue to work in the area of extraordinary ability.

Period of Stay/Extension of O-1 Status

• The initial period of stay is up to three years. An employer wishing to continue employing an O-1 non-immigrant must file an I-129 O-1 petition with the appropriate USCIS Service Center.
• Extensions of stay may be filed in increments of up to one year.
• Extension must be filed before the expiration of the current O-1 status and before the expiration of the employer’s O-1 petition.