The O-1 Visa Petition Process

For O-1 visa classification, the Form I-129 is used. The I-129 form will also accommodate a request for a change of status/classification if the intending O-1 alien is already in the U.S. in another nonimmigrant classification. If an alien is already in the U.S. in O-1 status, and a new employer wishes to petition for him or her, the I-129 will be used to request the change in employment and an extend the stay for the O-1. The I-129 petition will be filed with the service center having jurisdiction in the area where the alien will work. If services will be performed in more than one location, it will be filed with the service center servicing the petitioner’s location, or the address which is specified as the petitioner’s address on the petition. If the beneficiary will work concurrently for more than one employer during the same time period, each employer must file a separate petition with the service center having jurisdiction over the area where the alien will perform services, unless an established agent files the petition.

If the O-1 employee changes employers, the new employer of the O-1 must file a petition with the service center having jurisdiction over the new place of employment.

If conditions of employment change (but the petitioning employer remains the same), the petitioner must file an amended petition with the service center where the original petition was filed. The petitioner should advise the service center of any material changes to the terms and conditions of employment or of the beneficiary’s eligibility for O-1 status.

O-1 petitions for certain types of beneficiaries must be filed at the Nebraska Service Center, regardless of geographical jurisdiction issues.

Also See: What constitutes Extraordinary Ability?
Also See: Who may file an O-1 Visa Petition?

< Back to General O-1 Extraordinary Ability Visa Information