O-1 Visa Q&A: Common Questions from Our Clients

The O-1 visa—often called the “extraordinary ability visa”—is one of the most flexible immigration options for top talent in the arts, sciences, business, athletics, and education. But it can also be one of the most confusing. At Shin Law, we hear many of the same questions during consultations. Below, we have compiled answers to some of the most common questions to help you better understand the O-1 process.

Q: Who can be my O-1 agent petitioner?

Your O-1 must be filed by a U.S. employer, U.S. agent, or a foreign employer through a U.S. agent. The petitioner must be a U.S. citizen, lawful permanent resident, or a U.S. entity (such as a company). Any U.S. citizen or green card holder can serve as an agent petitioner.

Note: While Shin Law prepares and files your case, we do not serve as an agent petitioner. We can help you decide whether an employer or agent structure makes the most sense for your situation.

Q: Can an O-1A be petitioned by an agent?

Yes. O-1A petitions (sciences, business, education, athletics) may be filed through a U.S. agent. However, the flexibility is limited: if you add a new employer or project, you generally need to amend or file a new petition.

Q: Do I have to file a new O-1 if I have a new employer?

O-1A (with employer or agent petitioner): You must amend or file a new petition if you change or add employers.

O-1B with a single employer petitioner: A new petition is required for each new employer.

O-1B with an agent petitioner: Generally, no amendment is needed to add new employers, provided the work is consistent with the itinerary and type of engagements.

Q: How many years can I request for O-1?

The initial O-1 approval can be up to three years, depending on your contract or itinerary. Extensions are normally granted in one-year increments for the same project.

But under new USCIS guidance, you may now qualify for a new three-year period even with the same employer if your future work involves new events or activities. For example, moving into a new research phase, beginning a new tour, or starting a different production may justify another three-year approval.

Q: Do I have to be “famous” to qualify for an O-1?

No. You don’t need to be a household name. What matters is sustained national or international recognition in your field. Many successful O-1 beneficiaries are respected professionals whose reputations are strong within their industries, even if they aren’t celebrities.

Q: Can I use my work experience overseas?

Yes. USCIS looks at your entire career, not just your U.S. work. Achievements abroad—such as awards, press coverage, leadership roles, and expert recognition—are all valuable evidence.

Note: Any document not in English must include a full English translation and a certificate of translation confirming its accuracy.

Q: Can I use my awards for my O-1B?

Yes. While O-1B (arts/entertainment) does not have a separate “awards” criterion like O-1A, awards can still strengthen your case when tied to other criteria.

Q: Can I get my reference letters from my professors?

Yes. Professors can provide a valuable perspective, especially if they know your work well. But it is better not to rely exclusively on them. USCIS sometimes minimizes professors letters as reflecting student-level achievements.

Balance your references by including independent experts, industry leaders, or collaborators outside of your academic program.

Q: Can I use my student achievements for my O-1?

Yes. Competitions, exhibitions, or publications from your student years can count.

However, USCIS often argues these are “student accomplishments” rather than professional recognition. To strengthen them, you should further context.

Conclusion

The O-1 visa offers extraordinary opportunities—but also comes with complex rules that can confuse even the most qualified applicants. Whether your achievements are in the U.S. or abroad, as a student or professional, success depends on how well your evidence is framed under USCIS criteria.

At Shin Law, we help artists, scientists, entrepreneurs, and professionals worldwide secure O-1 approvals by building cases that highlight the extraordinary value of their work.