To file an O Petition, a prospective U.S. employer or a U.S. agent (petitioner) must submit a Form I-129 Petition for Non-Immigrant Worker with an O and P Classifications Supplement on behalf of beneficiaries.A foreign employer should engage a U.S. agent to file an O Petition.

A U.S. agent can file for traditionally self-employed workers, or workers who use agents to arrange short-term employment with numerous employers. A U.S. agent may be: (1) the actual employer of the beneficiary; (2) the representative of both the employer and the beneficiary; or (3) A authorized representing the employer.

An O-1 or O-2 beneficiary may work for more than one employer at the same time. Each employer must properly file a separate petition for the beneficiary, unless an agent files the petition. An employer or agent may not include multiple O-1 beneficiaries on the same petition.

If the O-1 beneficiary changes employers, the new petitioner must file a petition with the USCIS service center that has jurisdiction over the new place of employment.

If there has been any material change, those other than the addition of additional performances or engagements that require someone of extraordinary ability, in the terms and conditions of your employment or eligibility, petitioner must file an amended petition with the service center where the original petition was filed.

Currently, only the Texas Service Center process O Petitions.

Petitioner must submit the payment and evidence below along with the Form I-129:

1. Filing fees

Generally, petitioner should pay filing fee of $1,055 plus Asylum Program Fee of $600.

If petitioner is filing as a Small Employerfiling fee of $530 plus Asylum Program Fee of $300

If petitioner is filing as aNonprofit, only a filing fee of $530

2. Advisory Opinion

Usually, the first step in an O petition process is obtaining an advisory opinion from a U.S. “peer group” in the area, such as a labor organization, or from an expert(s).

The contents should, if favorable, describe the beneficiary's ability and achievements in the field of endeavor, describe the nature of the duties to be performed, and state whether the position requires the services of an alien of extraordinary ability, or may state “no objection.”

If the alien is seeking an O-1B (MPTV), the consultation must come from both the representing peer union and a management organization in the field.The contents may include statements describing the beneficiary’s achievements in motion picture or television productions and whether the proposed position requires the services of an alien of extraordinary achievement, or may state “no objection.”

An advisory letter is not required under the following circumstances:

(1) The petitioner establishes that no appropriate peer group exists, including a labor organization,

(2) For O-1A and O-1B (Arts), the labor organization does not respond;

(3) For O-1B (Arts) ONLY, a waiver of the advisory opinion may be made if a consultation has taken place within the prior two years with regard to a previous admission to render similar services.

3. Contracts

Written contracts between the petitioner and the beneficiary are required. However, petitioner can submit a summary of the terms of an oral agreement where there is no written contract.

Examples of evidence of an oral agreement includeemails between the contractual parties anda signed or unsigned written summary of the terms of the agreement that contains:terms offered by the employer; and accepted by the beneficiary.

4. Itineraries

An explanation of the nature of the events or activities, the beginning and ending dates for the events or activities, and a copy of any itinerary for the events or activities;

5.Evidence specific to the particular classification sought

Supporting Documentation for O-1A Beneficiaries in Sciences, Education, Business, or Athletics is different from Supporting Documentation for O-1A Beneficiaries in the Arts and O-1B Beneficiaries in Motion Picture or Television. Please refer to our website https://www.hooyou.com/o-1/qualifications.html to check the list for O qualification.

(Updated 08/23/2025)

For more information on the O-1 visa, please click one of the following links:

• O-1 Visa
• Process for Obtaining O-1 Status
• Requirements for Obtaining an O-1 Status
• How to Obtain your O-1 Visa
• Assistant and Dependents of O-1 Status Holders
• Duration and Extension of O-1 Status
• Change of Status from O-1 Status
• In Depth O-1 Case Analysis: From O-1 Status to Green Card
• Why O-1 and Not H-1B?
• Services Z&A Provides
• Attorney and Filing fees
• O-1 Visa FAQs