Skip to content

O-1 approval and post-approval rules guide

Updated: Author: Alina Kanametova

Guide Guides 7 pages Anonymized Access on request

Instruction on the O-1 approval stage: what USCIS sends when the petition is approved and what to do next. 7 pages from a DIY filing kit.

O-1 EB-1A EB-2 NIW

About this document

A guide to O-1 approval and what follows after USCIS approval, including visa issuance, security checks, changes of employer, amendments, validity, status maintenance, extensions, and change of status. It focuses on the rules for O-1, O-2, and O-3 beneficiaries, with special treatment for athletes and O-1B artists and entertainers.

Key points

  • After USCIS approves the O-1 petition, the applicant can apply for the visa at a U.S. embassy or consulate.
  • USCIS performs IBIS checks on each applicant and may repeat them before issuing the approval notice.
  • If USCIS finds adverse data, it may send an RFE or notice about processing delays and ask to drop beneficiaries.
  • A new employer must file Form I-129 for an O-1 worker changing employers; an amended petition is needed for material changes.
  • Professional O-1 athletes keep authorization for 30 days after a trade while the new employer files Form I-129.
  • If employment ends for other than voluntary resignation, the employer must pay reasonable return transportation to the last foreign residence.
  • O-1B artists and entertainers may add or subtract similar performances within the classification period for the same applicant.
  • The O validity period cannot exceed the time needed for the event or activity and cannot exceed 3 years.

What is inside

  1. Post petition approval
  2. Security concerns
  3. Changing employers
  4. Return transportation
  5. Adding activities for O-1B
  6. Petition amendments
  7. Validity period
  8. Maintaining status

When it helps

This page serves as a post-approval and maintenance-of-status reference for an O-1 case. It also shows the filing rules for amendments, extensions, and employer changes that would be used after approval.

Preparing secure view...

Source: Community (anonymized). The material opens on the site. Reference material, not legal advice.

Need access beyond the daily limit?

You can open the full file right in the viewer above - up to 4 files a day once your profile is complete. Need more, or is your profile not ready yet? Request direct access and an admin will grant it.

Related materials

All library materials