O1B Visa Process
April Perez • December 23, 2021
Click here to read this article in Portuguese and Spanish
An O1B visa
is a visa for individuals with Extraordinary Ability or Achievement. This sounds simple enough but it actually requires several different parts to come together in order to get the petition ready for filing. The process begins with evidence to see if the person can meet the requirements.
The individual must have an extraordinary ability in film, television or the arts. The individual must be able to show that they have been nominated for or received a significant national or international award, this can be an Academy Award or a Grammy or another award of significance.
If the individual does not have a significant national or international award, they must be able to meet at least three of the requirements below:
1. Evidence that the beneficiary has performed and will perform services as a lead or starring participant in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications contracts, endorsements.
2. Evidence that the beneficiary has achieved national or international recognition for achievements evidenced by critical reviews, or other published materials by or about the individual in major newspapers, trade journals, magazine, other publications.
3. Evidence that the beneficiary has performed and will perform in a lead, starring or critical role for organizations and establishments that have a distinguished reputation evidenced by articles in newspapers, trade journals, publication or testimonials.
4. Evidence that the beneficiary has a record of major commercial or critically acclaimed successes as evidenced by such indicators as title, rating, standing, box office receipts, motion picture or television ratings, and other occupational achievements reported in trade journals, major newspapers, or other publications.
5. Evidence that the beneficiary has received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the filed in which the alien is engaged. Such testimonials must be in a form which clearly indicates the author’s authority, expertise, and knowledge of the alien’s achievements.
6. Evidence that the beneficiary has commanded high salary or will command high salary or other substantial renumeration for services in relation to others in the field, as evidenced by contracts or other reliable evidence.
- The evidence should be presented in a cover letter laying out the arguments about the requirements that are being argued as having been met.
- If the individual is able to meet the requirements, they will need to have a petitioner which can be a visa agent or employer, this can be an individual or company depending on the type of work.
- The individual must be able to provide contracts for the work he or she will be doing in the U.S.A. if the visa is approved. The contracts or deal memos for the work must cover the period of the visa that is being requested.
- There should also be an itinerary listing the details of each project.
- There are also forms that must be filled out and signed by both the beneficiary and their petitioner.
- Depending on the type of work the individual will be doing in the U.S.A. they will need to request consultation letters from one or more organizations designated by USCIS. There are usually fees for the consultation letter requests from the organization and there are also filing fees for the petition itself that must be paid to USCIS. The filing fees vary depending on whether you want to do the regular processing route or the premium processing route.
The process can be overwhelming especially for someone who has never done this before, and there is a lot of paper work and information that needs to be gathered. It is important to have guidance from an attorney to assure a positive outcome of your case.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
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If you are planning on filing an O1B visa based on your extraordinary ability, you may need to provide some reference letters as part of the evidence for your application.
You can use letters for various requirements. One specific requirement for the O1B that you will definitely need letters for is the requirement: Evidence the beneficiary has received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field in which the alien is engaged. Such testimonials must be in a form which clearly indicates the author’s authority, expertise, and knowledge of the alien’s achievement. The letters should come from individuals who work within the same field and explain their own background and accomplishments within that field. The individual should also be familiar with the applicant’s work and be able to attest to that person’s accomplishments within the specified field. Letters from individuals without experience within the same field as the a
U.S. Citizenship and Immigration Services (USCIS) has announced a major change to the H-1B cap selection process. Under a final rule issued on December 29, 2025, USCIS will replace the long-standing random H-1B lottery with a wage-weighted selection system that favors higher-paid and more complex positions. The rule is scheduled to take effect on February 27, 2026 , just ahead of the fiscal year 2027 H-1B cap registration season, unless delayed by legal challenges. If implemented, USCIS is expected to release additional guidance explaining how employers must submit registrations under the revised process. This change marks one of the most significant reforms to the H-1B program in recent years. Up until 2025, all registrations were treated equally once the annual cap was reached. Under the new system, selection odds will be tied to wage levels based on the U.S. Department of Labor’s Occupational Employment and Wage Statistics data. All H-1B registrations will still be placed into a single selection pool, but registrations tied to higher wage levels will receive multiple entries into that pool, increasing their likelihood of selection. Lower wage levels will receive fewer entries, making selection less likely but not impossible. H-1B wage levels are not determined solely by salary. Each wage level reflects the complexity of the job, the level of responsibility involved, and the education and experience required . Entry-level positions involving routine duties and close supervision are generally classified at the lowest wage level, while positions requiring independent judgment, advanced skills, and significant responsibility fall into higher wage levels. The highest wage level is reserved for roles that involve expert knowledge, strategic decision-making, and substantial leadership or technical authority. USCIS is expected to closely scrutinize selected petitions to ensure that the wage level claimed during registration is supported by the job duties and salary offered in the petition. Any discrepancies between the registration and the petition may result in requests for evidence, denials, or enforcement action. With the elimination of the purely random lottery, employers should begin preparing early by carefully evaluating job descriptions, wage levels, and overall H-1B strategy. Accurate classification and thoughtful planning will be essential under this new wage-based selection system. If you are an employer considering H-1B sponsorship, or a foreign professional wondering whether your position may qualify under the new wage-based system, consulting with experienced immigration counsel is more important than ever. Santos Lloyd Law is actively advising clients on H-1B cap registrations and strategy under the new rules. To discuss your options or determine whether you may qualify, contact our office to schedule a consultation.
During the recent administration there has been an increase in issuance of Requests for Evidence for EB-1A petitions for those of Extraordinary Ability. A Request for Evidence is a request that is made by USCIS that should explain how the evidence is deficient in proving the criteria argued and what additional evidence needs to be provided by the applicant to meet the criteria. EB-1A petitions are already normally subject to higher scrutiny because their approval is the first step needed to apply for Lawful Permanent Residence or a green card. USCIS normally requires not just evidence but that the evidence be provided with context and information to show why it matters in a particular field. For example, if you were providing evidence of your membership in an organization that requires outstanding achievements of its members, just providing evidence of the membership is not enough. You must explain what that membership is and provide background information on the organization granting the membership. You also need to provide evidence on the criteria that is used to select the members, information on those who select the members to show that they are recognized experts, other documentation such as articles about the membership organization to show its importance, and any other relevant evidence and background information to show that the criteria is met. A request for evidence being issued prior to the current administration was not uncommon, but in the current climate it is more surprising to not receive a request for evidence for this type of case. It is important to remember that a request for evidence is not a denial. Depending on the validity of the information in the request and the substance some Requests for Evidence can be overcome, and the case be approved. It is important to carefully review the request and note if there are any errors in the content and application of the regulations by USCIS. If you have an attorney, you should work with them and make sure that you provide any evidence you think may be helpful. Although there is a deadline by which a response must be submitted, attention to detail and patience will go a long way when dealing with having to respond to a request for evidence. If you believe you may qualify for this type of visa, please feel free to contact our office.
