O-1 Visa Fees: Everything You Need to Know

The O-1 visa is reserved for people with an extraordinary ability in the arts, sciences, business, education, athletics, motion picture industry, or television industry, and understanding O-1 visa fees is an important part of the application process. If you satisfy the requirements for an O-1 visa, it can be a powerful option for you to live and work in the United States while planning for applicable O-1 visa fees. If you qualify for an O-1 visa, you can also obtain immigration benefits for your assistant, your spouse, and your children under 21 years old.

In this guide, I’m going to discuss the O-1 visa fees. I’m going to discuss the different fees that you should anticipate when applying for your O-1 visa.

Overview:

1. Quick explanation of O-1 visa
2. O-1 visa process
3. USCIS Filing Fee (Form I-129)
4. Premium Processing Fee
5. O-1 Visa Application Fee
6. Immigration Lawyer Fee
7. Conclusion

1. Quick Explanation of the O-1 Visa

The O-1 visa is a non-immigrant visa for people with an extraordinary ability. The O-1 visa is separated into 2 categories: O-1A and O-1B. The O-1A visa is for people with an extraordinary ability in either the sciences, business, athletics, or education. The O-B visa is for people with an extraordinary ability in the arts, television industry, or motion picture industry. The definition of what qualifies as extraordinary ability depends on whether you are applying under the O-1A or O-1B category.

The O-1 visa is a non-immigrant classification so it is temporary and does not directly lead to a green card. However, the O-1 visa can be extended over and over. There is no limit to the number of times an O-1 visa can be extended.

The O-1 visa is not eligible for self-petition. To qualify for an O-1 visa, you must have a US company or US agent that will sponsor you.

To get an O-1 visa, there are 6 main requirements:

• You must have an extraordinary ability
• You must have sustained your excellence over the years (sustained national or international acclaim)
• You must be coming to the US to work in your field of extraordinary ability
• You must have a US company or US agent sponsor your O-1 petition
• Your proposed employment in the US must qualify as an “event” as defined by the regulations
• You must have an advisory opinion issued by a peer group, labor organization, or management organization.

2. O-1 Visa Process

The O-1 visa process will depend on whether you are doing a change of status or applying for an O-1 visa, which can influence overall O-1 visa fees.

Change of Status to O-1

A change of status is when you change from one non-immigrant status to another non-immigrant status. In order to do a change of status, at the time you file your O-1 petition, you must be lawfully present in the US in a valid non-immigrant status. A change of status is done entirely in the United States (you are not required to leave the US during the whole process). To do a change of status to O-1, you are required to file a Form I-129 with USCIS. Once the Form I-129 is approved, your status is changed to O-1 status. It is important to note that O-1 status is not the same as an O-1 visa. O-1 status does not permit travel outside of the US, the same way a visa would. If you leave the US while on O-1 status (without an O-1 visa), you will lose your O-1 status. There are limited exceptions to this.

If your spouse and children will be applying for a change of status to O3 status (dependents of O-1), they will need to file a Form I-539.

Applying for an O-1 Visa

To apply for an O-1 visa, you are first required to submit a Form I-129 with USCIS. Once the Form I-129 is approved, you would then apply for an O-1 visa by filing a Form DS-160 with the Department of State. You would then need to attend a visa interview at a US consulate or embassy in your home country. Upon successful completion of your visa interview, you should receive your O-1 visa within about a week. With an O-1 visa, you can travel outside of the US and use your O-1 visa to reenter the US (pursuant to the terms of your O-1 visa).

Now that we’ve discussed the basics of the O-1 visa and the O-1 visa process, lets discuss each of the O-1 visa fees that you should know about.

3. USCIS Filing Fee (Form I-129)

Whether you are doing a change of status, an extension of status, or applying for an O-1 visa, you are required to file a Form I-129 with USCIS, which is one of the primary O-1 visa fees. The filing fee for a Form I-129 is $460.

If your spouse and/or children are applying for a change of status to O3 or an extension of their O3 status, then they will need to file a Form I-539, which can increase total O-1 visa fees. The filing fee for a Form I-539 is $370.

4. Premium Processing Fee

The Form I-129 for an O-1 visa takes about 3 to 6 months for USCIS to process, and timing considerations may affect how you plan for O-1 visa fees. If you would like to speed up the process, USCIS offers an optional premium processing service. With premium processing USCIS will review your Form I-129 within 15 days. The USCIS fee for premium processing is an additional $1,440 (in addition to the standard $460).

With premium processing, USCIS will review your case and issue a response within 15 days. USCIS can either approve your case, deny your case, or issue you a request for additional evidence. If USCIS requires additional information to process your case, they will issue a request for additional evidence (RFE). If USCIS issues an RFE, once you issue a response to the RFE, they are no longer required to review and respond within the 15-day window.

5. O-1 Visa Application Fee

If you are applying for an O-1 visa, you and each of your dependents are required to file a Form DS-160 with the Department of State. The DS-160 fee is $190 for each applicant. You are not required to file a DS-160 if you are doing a change of status or an extension of status.

6. Immigration Lawyer Fee

The immigration lawyer fee is the legal fee your immigration lawyer will charge to prepare and file your O-1 visa application. Each lawyer will charge a different fee depending on their skill level, experience, and billing practices.

Immigration lawyers typically bill on either a flat-fee or an hourly basis. Working with a lawyer who bills on a flat-fee has many advantages. For one, you will know exactly how much your case will cost at the start. Conversely, working with an immigration lawyer who bills on an hourly basis may leave you not knowing how much your total fees will be until the very end of the process.

7. Conclusion

The O- visa is a great option to live and work in the US for extended periods of time. You should now have a much clearer understanding of the necessary O- visa fees, the O-1 visa process, and the basic requirements to get an O-1 visa. If you need help applying for your O-1 visa, feel free to email me directly at contact@ashoorilaw.com. I would be happy to help you.

Resources:

• O1 Visa Guide: What You Need to Know About the O1 Visa

• USCIS I-129, Petition for a Nonimmigrant Worker

• US Department of Stat DS-160: Online Nonimmigrant Visa Application