The O-1 Remains Strong—But the Bar Is Shifting
The O-1 visa continues to be one of the more reliable employment-based visa categories in 2026, with approval rates holding above 90% throughout FY 2025.
For highly skilled professionals seeking an alternative to the H-1B lottery and its new $100,000 fee (applicable through September 21, 2026), the O-1 offers a direct, merit-based pathway that rewards demonstrated excellence.
However, that headline approval rate masks a more nuanced reality.
While the overall Request for Evidence (RFE) rate for O-1 petitions has declined over recent years—falling to approximately 18.7% in FY 2025 from 30% in 2020—the nature and specificity of RFEs has changed.
Adjudicators are now more frequently questioning the quality and relevance of evidence rather than simply asking for more documentation.
Where RFEs Are Concentrating
Some common areas triggering RFEs in O-1A (sciences, business, education, athletics) and O-1B (arts, entertainment) cases center on several recurring issues.
Expert opinion letters that read as generic endorsements rather than substantive, independent evaluations of the applicant’s contributions are more likely to draw scrutiny. USCIS typically wants letters from individuals who can speak with authority about why the applicant’s work matters—not simply confirm that the applicant is a good colleague.
Evidence of “sustained national or international acclaim” is also increasingly being evaluated more rigorously. Officers typically look for consistency across criteria, including whether an applicant’s citations, media coverage, awards, and professional contributions all point toward the same narrative of distinction.
Isolated achievements that do not connect to a broader story of acclaim are less persuasive than they once were.
For O-1B petitions, adjudicators are increasingly scrutinizing whether the applicant’s distinction is truly in the arts or entertainment, or whether the work is more accurately categorized as a business or technical function.
Creative professionals whose roles straddle these boundaries should aim to be prepared to address the classification question directly.
Building a Stronger O-1 Petition
To help build a stronger O-1 petition
- Aim to build a narrative. Before assembling evidence, define the core story: what makes this individual extraordinary, and why does their work matter at a national or international level? Try to ensure every piece of evidence reinforces this narrative.
- Expert letters should ideally come from individuals with genuine expertise and independence. A letter from a well-known figure in the applicant’s field typically carries more weight than multiple letters from close collaborators. Each letter should aim to explain not just the applicant’s accomplishments, but why those accomplishments are significant in the context of the field.
- Cross-reference your evidence. If you claim a high salary as evidence of distinction, try to ensure your media coverage, awards, and expert letters corroborate that your compensation reflects extraordinary ability, not merely market-rate pay for your location or industry.
- Address potential weaknesses proactively. If there are gaps in your evidence, such as limited media coverage or awards primarily from your home country, try to explain them in your cover letter rather than leaving them for the adjudicator to question.
At Stelmakh & Associates, our O-1 petition development process aims to produce cases that have the strongest chance of withstanding scrutiny at every level.
Our approval rates in the O-1 category significantly exceed the national average in part because we invest the time upfront to try to build solid evidentiary packages that should eave adjudicators with little reason to issue an RFE.
O-1 Filing Fees and Costs
The base filing fee for an O-1 petition (Form I-129) is currently $1,055 for standard employers, plus the Asylum Program Fee of $600 (or $300 for small employers with 25 or fewer employees).
Premium processing, which guarantees a decision within 15 business days, is available for an additional fee (currently $2,965 following the March 1, 2026, increase).
All USCIS fees are subject to change; always confirm current amounts at uscis.gov before filing.
O-1 as an H-1B Alternative
With the H-1B now coming with a $100,000 fee for many applicants and the new weighted lottery system favoring higher-wage positions, the O-1 has become an increasingly attractive alternative.
The O-1 has no annual cap, no lottery requirement, and no $100,000 fee. For professionals with strong credentials, it may also serve as a stepping stone toward an EB-1A green card, as the evidentiary standards share significant overlap.
Ready to Discuss Your Case?
At Stelmakh & Associates, we maintain approval rates that are significantly higher than the national industry averages across the EB-1A, EB-2 NIW, and O-1 categories.
Our results reflect the depth of preparation, strategic evidence development, and individualized attention we bring to every case. If you have questions about how these developments affect your immigration options, we are here to help.
Stelmakh & Associates
Phone: 206-605-0550
Email: info@stelmakhlaw.com
Website: www.stelmakhlaw.com
Schedule a consultation today to review your options and build a strategy that positions your case for success.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Immigration law is complex and fact-specific. Every situation is unique, and the information here may not apply to your particular circumstances. All USCIS filing fees, premium processing fees, and supplemental fees (including the Asylum Program Fee) referenced in this article are subject to change without notice. Always verify current fee amounts on the official USCIS Fee Schedule before filing. For advice about your case, please consult with a qualified immigration attorney. This content complies with the Rules of Professional Conduct for Washington, Pennsylvania, and Ohio, as well as USCIS guidelines.