Persons of Extraordinary Ability in Arts, Science, Business and Athletics: O-1 Application Procedures if Outside the United States

Step One: Securing the Consultation Letter

First, an “advisory opinion” or “consultation” letter must be secured from a peer group, union or management organization. For the motion picture and television industry positions, letters must be secured from both the appropriate union and management group. If no union exists for a specific industry, letters from experts in the field may attest to a person’s extraordinary ability. These letters must describe the person’s abilities and state whether the work to be undertaken in the U.S. requires a person of extraordinary ability.

Step Two: Filing the O-1 Petition with the U.S. Citizenship and Immigration
Services

The prospective O-1 employer files a Form I-129, O Supplement, Consultation Letter(s), all supporting evidence and the appropriate filing fees with the U.S. Citizenship and Immigration Services (USCIS) service center having jurisdiction over the location where the prospective O-1 employee will work. An O-1 petition may be filed up to one year prior to the commencement date of the contemplated O-1 employment.

One to two weeks after filing the O-1 petition, the USCIS issues a Form I-797, Notice of Action Receipt Notice as proof of receiving the O-1 petition. The notice contains the O-1 petition case number and information from the Form I-129 to identify the specific O-1 petition.

The time the USCIS takes to process an O-1 petition varies between the service centers, but generally takes several months. The time it takes to process the O-1 petition can be reduced to fifteen calendar days by requesting Premium Processing of the petition.

It is possible to view the latest processing times at each service center to track the progress of an O-1 petition. Further, it is possible to track the status of a specific case by visiting the USCIS Case Status Online web page.

Upon approval of the O-1 petition, the USCIS issues a Form I-797 Notice of Action Approval Notice. Concurrent with the issuance of the Form I-797, Approval Notice, the USCIS sends a cable notifying the selected overseas U.S. embassy or consulate of the O-1 petition approval.

Step Three: Applying for an O-1 Visa and Entering the United States

After approval of the O-1 petition, the prospective O-1 employee must apply for an O-1 visa at an overseas U.S. embassy or consulate. Every U.S. embassy and consulate has its own special rules for visa applications. It is essential to review the procedures prior to the O-1 visa application. All U.S. embassies and consulates require a personal interview prior to the issuance of an O-1 visa.

When submitting the O-1 visa application, a Form DS-156 must be submitted along with the original Form I-797, Approval Notice and any supporting evidence. If the O-1 visa applicant is a male between the ages of 16 and 45, a Form DS-157 is also required. Any spouse and each unmarried child under the age of 21-years old must also submit a Form DS-156 to apply for an O-3 visa. Each male child between the ages of 16 and 20 must also submit a Form DS-157.

The O-1 and O-3 visas will normally be issued for a validity period corresponding with the Form I-797 validity period. Most visas are issued allowing multiple entries. However, due to agreements between the United States and certain countries, the validity period may be less and entries may be limited to a specific number.

If the O-1/O-3 applicant is Canadian, he/she is not required to apply for a visa at a U.S. embassy or consulate. He/She need only apply for an O-1/O-3 admission stamp at a U.S. port of entry for admission using the Form I-797, Approval Notice and any supporting

Entering the United States after O-1 or O-3 Visa Issuance

Upon admission into the United States, the O-1 and O-3 visa holders are issued a Form I-94, Arrival/Departure Card indicating O-1 or O-3 status, respectively. The Form I-94 records the date and place of admission into the United States, the visa classification and the date the authorized stay in the United States expires.

The Form I-94 is normally issued to the expiration date of the Form I-797, Approval Notice. However, if the O-1 or O-3 visa holder’s passport has an earlier expiration date, it is likely that the Form I-94 will have an expiration date corresponding with the passport expiration date. It should be noted that errors in the issuance of Form I-94s are common. Accordingly, it is critical that a person review the information on the Form I-94 upon each and every entry into the United States.