Bring your extraordinary ability to the United States
We work with top global talent to build strong O-1 cases, with transparent fees and direct access to the attorney handling your case from day one. Serving clients in New York City, New York, and across the country.
The O-1 is a nonimmigrant work visa for people with extraordinary ability or achievement in their field. Unlike the H-1B, this visa has no annual cap and no lottery, so a strong candidate can file on their own merits instead of waiting on a random draw.
The O-1A lets someone with extraordinary ability in science, education, business, or athletics work in the U.S. in that field. You prove it by meeting specific evidentiary criteria, not by a single accomplishment or job title.
Once approved, this visa is valid for up to three years and renewable in one-year increments for as long as the qualifying work continues.
The O-1B may be an option for individuals with extraordinary abilities in the arts, film, and television, and includes two separate standards:
Both categories need a U.S. petitioner, such as an employer, an agent, or in some cases the beneficiary’s own company, to file on the candidate’s behalf. Neither can be self-petitioned.
A single major award, a Nobel Prize or an Olympic medal, can satisfy O-1A eligibility outright. But most applicants don’t have one.
The majority of applicants need to show at least three of the following:
For O-1B visas, the list is narrower, including lead roles in distinguished productions, critical recognition, and a high salary relative to others in the field.
If the above criteria aren’t relevant for your field, USCIS may also accept comparable evidence of equivalent standing. For example, if you’re a social media creator, they may consider evidence like platform metrics that demonstrate your reach or earning from brand deals compared to others in your niche.
In January 2025, immigration authorities updated guidelines to recognize better the types of achievements common in the tech and science sectors. They now accept evidence like widely used open-source software, AI research, and specialized technical recognition as proof of ability.
This is a major update for founders and engineers, and makes it easier to use your work achievements to qualify.
At Flagship Law, we start with strategy before focusing on paperwork. Your O-1 petition is only as compelling as the evidence supporting it.
Whether you’re a founder, engineer, researcher, athlete, media personality, or another individual with extraordinary ability, we build a tailored legal argument highlighting what makes you unique. We curate your strongest career achievements and leverage alternative evidence whenever standard criteria don’t capture the full scope of your talent.
You work one-on-one with the attorney handling your case.
Every O-1 petition needs a written consultation from a peer group or an expert in your field. We help identify and secure that opinion as part of the case, not as an afterthought.
If USCIS denies your petition or issues a request for evidence, we have the experience to push back, including taking a case to federal court.
You'll know what a petition costs before we file.*
*Exact timelines depend on the complexity of each individual’s situation.
Denials and requests for evidence are often sent with boilerplate language, misapplied law, or incorrect assertions or findings. However, these notices aren’t set in stone.
There are several paths to challenge them. While an administrative appeal is often slow and rarely reverses the original decision, Flagship Law’s litigation background means we can take a wrong decision to federal court, where many cases are resolved in your favor without ever going to trial.
The O-1 isn’t the only path for someone with extraordinary ability. If permanent residency is the goal, an EB-1A green card may be the better fit. The evidence required for the two overlaps in several places.
Here’s how they compare:
A multi-year backlog isn’t always what it looks like. EB-1A generally moves faster than EB-2 or EB-3, even for applicants born in India or China. And if you already hold an approved EB-2 or EB-3 I-140, you can usually carry that earlier priority date to an EB-1A case, which can move you up the line.
The EB-1A petition still has to qualify on its own merits, so we’ll look at where your priority date stands before recommending a path.
An O-1 visa can act as an immigration bridge for many clients. Because the O-1 lets you keep your foreign residence, you can work toward an EB-1A green card without jeopardizing your current status. We’ll walk through which order makes sense for your situation in your consultation.
Once a petition is approved, the next step for anyone outside the U.S. is consular processing at a U.S. embassy or consulate. The Department of State reviews the case on its own terms, which can mean additional verification, including contacting the people who wrote your recommendation letters. That stage can add delays applicants don’t expect.
We prepare you for it, and we work with you to determine the right path for your goals from the start.
USCIS charges $1,055 to file Form I-129 for an O nonimmigrant petition, or $530 for nonprofit and small-employer petitioners, plus a separate $600 Asylum Program fee (reduced to $300 for small employers, waived for nonprofits). These costs don’t include attorney fees.
Standard processing time varies and changes often. We provide the best possible estimate for timelines based on actual data coming from our volume of cases, as well as information put out by the USCIS. Premium processing guarantees a decision within 15 business days for an additional government fee of $2,965.*
How Flagship Law determines its fees depends on the case. Many petitions are handled on a flat fee; others, especially those that need significant case-building, are quoted differently. Either way, we’ll walk you through the cost at your consultation, before any work begins.
*If a request for evidence is sent, the clock on the 15 business days restarts.
Our secure client portal lets you track your case status, send messages, view documents, and pay invoices, all in one place.
You’ve done the work to become extraordinary at what you do. We’ll help you make that case to USCIS.
Standard processing time varies by service center and caseload, and changes often enough that we pull the current USCIS estimate rather than quote a fixed range. Premium processing guarantees a decision within 15 business days for an additional government fee. We’ll give you a current estimate based on where your petition would be filed.
O-1A is used for applications when a professional works in fields like science, education, business, and athletics. O-1B is used for the arts, with a separate, higher standard for motion picture and television work. The evidentiary criteria are different for each, so which one applies depends entirely on your field.
USCIS charges a $1,055 government filing fee for most O-1 petitions ($530 for nonprofits and small employers), plus a separate $600 Asylum Program fee (reduced to $300 for small employers, waived for nonprofits). Premium processing adds $2,965 if you need a faster decision.
Attorney fees are separate from government fees. At Flagship Law, we recognize it’s important to understand your legal costs. Our fees depend on your specific case complexity and the level of preparation required. We will provide a transparent quote during your initial consultation, before any work begins.
Yes. An O-1 needs a U.S. petitioner, an employer, an agent, or in some cases your own company if it’s structured with a genuine employer-employee relationship. This is different from an EB-1A green card, which you can self-petition without any sponsor.
Yes. The O-1’s authorizing statute doesn’t require an intent to abandon your foreign residence, so many clients use it as a bridge while pursuing an EB-1A or National Interest Waiver green card without putting their status at risk. The underlying evidence overlaps significantly, since both rely on demonstrating extraordinary ability.
Yes. Flagship Law is located in Manhattan’s Financial District. We serve clients throughout the New York and New Jersey metro area, and because immigration law is federal, we handle O-1 cases across all 50 states and internationally.
This month, we’re helping entrepreneurs and investors explore U.S. immigration opportunities.
Use your tax refund to take the next step toward building your future in the U.S.
Explore visa pathways designed for business owners, investors, and high-achieving professionals.
Tax season is a great time to take the next step for multi-person family cases.
Reduced legal fees for additional family member filings.
If more than one family member is filing, we offer Family Add-On Savings with reduced legal fees for additional family member filings.
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