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law offices of marcus yi
​the o-1 visa lawyer

IS THERE A LOTTERY FOR THE O-1 VISA?

The O-1 visa is a highly sought-after U.S. work visa for individuals with extraordinary ability in fields such as arts, sciences, business, athletics, and education. Many applicants wonder whether the O-1 visa is subject to a lottery system, similar to other visa categories like the H-1B visa.

The good news is that there is no lottery for the O-1 visa. This means that eligible applicants do not have to compete in a random selection process and can apply at any time of the year.

How Is the O-1 Visa Different from the H-1B Lottery?

The H-1B visa, which is commonly used by skilled professionals, is subject to an annual cap of 85,000 visas and requires applicants to enter a lottery system due to high demand. This makes the process highly competitive, and many qualified applicants are not selected simply due to numerical limitations.
In contrast, the O-1 visa has no annual cap and does not require a lottery, meaning:
  • There is no limit to the number of O-1 visas issued each year
  • All qualified applicants who meet the criteria can receive an O-1 visa
  • You can apply for an O-1 visa at any time, without worrying about deadlines

What Are the Requirements for an O-1 Visa?

While there is no lottery, O-1 visas have strict eligibility requirements. To qualify, applicants must demonstrate extraordinary ability through:
  • Awards and recognition (e.g., major international awards or national recognition)
  • Published work or significant contributions to their field
  • High salary or other evidence of distinction
  • Media coverage or industry recognition
  • Letters of recommendation from experts in their field

Since the O-1 visa is merit-based, applicants must provide substantial evidence to prove they are among the top professionals in their industry.

How Long Does the O-1 Visa Process Take?

Since there is no lottery, the O-1 visa processing time depends on USCIS workload and individual case complexity. Generally, applicants can expect:
  • Regular processing: 4-6 months
  • Premium processing (optional): 15 calendar days for an additional fee ($2,805)

With premium processing, applicants can receive a decision much faster, making the O-1 visa an attractive option for those who need to start work quickly.

Final Thoughts

Unlike the H-1B visa, the O-1 visa does not have a lottery and has no numerical cap, allowing eligible applicants to apply at any time. However, meeting the extraordinary ability requirements can be challenging, so it is essential to prepare a strong application with substantial supporting evidence.

​Need help with your O-1 visa application? Contact us today for expert guidance!

 

MEET YOUR NEW ATTORNEY

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Marcus Yi, Esq. provides personalized immigration law representation for both employment and family based immigration matters. An artist himself, Mr. Yi understands the unique nature of the arts industry, and is fully qualified to provide the best service for artists seeking to work in the United States.

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He has represented corporations, non-profit organizations, and individuals, in the process of obtaining temporary visas for work, study and training, lawful permanent residence (a “green card”) and U.S. citizenship. He advises employers and individuals on all phases of immigration applications, from screening prospective hires to identifying visa strategies for new jobs and career transitions, through employment-based paths to permanent residence and naturalization. 

Marcus Yi graduated from  St John’s University School of Law, where he earned a Juris Doctorate degree in 2011. He is a member of the New York State Bar and is licensed to practice in State and Federal court. He is also a NYC member of the American Immigration Lawyers Association New York Chapter.

CONTACT US

Immigration law can be convoluted and complex. At the Law Offices of Marcus Yi, we are devoted to guiding you through US immigration law so contact us today to schedule a consultation.

Law offices of marcus yi: O1 visa lawyer NYC

​315 W. 36th St
New York NY 10018

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