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Please visit the O-1 Extraordinary Ability section for general information about the O-1 classification.  This section contains answers to specific O-1 situations. Questions and answers in this section are in no particular topic order.

Q: I have heard that I cannot apply for employment-based permanent residency while holding O-1 status.  Is this true?

A: The O-1 has been recognized for "dual intent" purposes.

Q: Is there a grace a period for an O-1 worker?

A: There is no grace period. You are out of status when you stop working.  Talk to an immigration attorney right away.

Q: What are the key differences between the O-1 and H-1B classifications?


Wage: O-1 does not have prevailing wage requirement.

Validity Period: O-1 can be extended indefinitely. O-1 might be limited to 1-year extensions.

Filing Fee: O-1 does not require the $500 Fraud Prevention and Detection fee.

Portability: O-1 is not covered the portability provision, meaning that you need approval to be able to change O-1 employer or begin a concurrent O-1 job.