Watch this guide as a video
What exactly is the O1 visa?
The official term the US government uses is 'extraordinary alien' — which sounds intimidating, but Rabi puts it in practical terms: you do not need to be in the top 1% of your field. If you are genuinely in the top 5 to 10% and can prove it with real, verifiable documentation, you are in the right territory. The visa was originally created for physicists, athletes, and other highly talented individuals, and was later expanded to include business. For business applicants, the standard is essentially that you have demonstrated extraordinary ability to build a company and create value. What it is not is a category you can fake your way into — and that is intentional.
Can you apply for an O1 from India?
Yes, you can apply for the O1 from India. The key requirement is that the application must be sponsored — either by a US company you work for, or by your own company incorporated in the US. You also need a lawyer based in the US to handle the filing. So the two non-negotiables before you even start: a sponsoring entity and a US immigration attorney.
The eight criteria — and why you only need three
There are eight official criteria for the O1 visa, and you need to satisfy at least three of them. Rabi's advice is simple: go online, read all eight, and honestly assess which ones you can build a strong case around. If you feel genuinely comfortable about three or more, the O1 is worth pursuing. If you can only see yourself meeting one criteria and would have to manufacture the rest, it is going to be very difficult.
Examples of criteria that actually get approved
Rabi walked me through three criteria he personally used, and what USCIS actually looks for in each one. First, judging: one criterion is that you have judged the work of others in your field. But the officer is not looking for just any judging role. Rabi judged a hackathon at Berkeley, and he had to obtain a signed letter from the organiser on official letterhead — a letter that spoke not only to the fact that he judged, but to his character and expertise. A random panel appearance will not cut it. Second, press coverage: being mentioned in news coverage of you or your company is a recognised criterion. Ideally, the coverage should be about you directly, not just a passing mention of your company. Third, holding a significant role in a significant company: this one trips people up. Rabi listed his CEO role at Eva Bots, and USCIS pushed back — Eva Bots, as a newer startup, was not yet considered a 'significant' business. He had to go back to his Wipro days and obtain a letter from a former colleague documenting that he had been central to a project worth $25 million in business. That letter, going back years and requiring significant effort to obtain, is the kind of evidence that actually satisfies this criterion. A fourth recognised criterion is receiving a salary in the top 1 to 2% of your field — the kind of compensation only senior executives typically earn.
The application process step by step
Here is the overall flow Rabi followed. First, have a company incorporated in the US, or secure a US employer willing to sponsor you. Second, hire a good US immigration lawyer. Third, work with the lawyer to assess your profile and identify which three criteria you can build the strongest case around. Fourth, spend three to four months gathering all of the supporting documentation — letters, evidence of press coverage, proof of judging roles, salary records, whatever applies to your specific criteria. Fifth, file. Once all documents are ready, you can opt for premium processing, which requires USCIS to respond within 14 days.
What premium processing actually means
Want personalized feedback on your answers?
Shachi does 1-on-1 mock interviews — get real-time coaching before your consulate visit.
Book a Mock InterviewPremium processing does not mean approval in 14 days. It means USCIS must respond within 14 days. That response could be an approval, but it could also be an RFE — a Request for Evidence. An RFE is a request for more documentation, and it can loop: USCIS responds with an RFE, you submit more evidence, they may issue another RFE. Rabi's O1 came through under premium processing without an RFE, which he credits to having a clean and well-prepared application.
How to interpret an RFE
Rabi makes an important distinction here. If you applied claiming three criteria and you get an RFE on one of them, that is manageable — you can address it and feel reasonably confident. But if you get RFEs on all three criteria you claimed, that is a signal to pause, build a stronger record, and reapply later rather than continuing to push.
Life on the O1 — and what to know before you apply
Once Rabi had his O1, he found that most other things became easier — raising money, staying in the US, drawing a salary. But there is one significant limitation you should know going in: your spouse cannot work on an O1 dependent visa. This is a real quality-of-life consideration for families. It is only when you convert the O1 to an EB-1A green card that your spouse gains work authorisation.
Converting from O1 to EB-1A (the green card path)
The EB-1A uses the same eight criteria as the O1, but Rabi describes it as two to three times harder to achieve. USCIS expects significantly more proof of everything. Rabi's first EB-1A application was rejected with an RFE so difficult that he and his co-founder decided not to respond — they waited a full year, built more evidence, changed lawyers, and reapplied. That second application also generated one RFE each for Rabi and his co-founder, which they addressed, and both ultimately received their green cards. The lesson: the path from O1 to EB-1A is real but it takes persistence, more documentation, and ideally a stronger lawyer.
How to find a good O1 immigration lawyer
Rabi's first lawyer was fine for the O1 — it is a more straightforward filing — but was not equipped to handle the complexity of the EB-1A green card application. For the green card, he moved to Peter Roberts, a lawyer that Y Combinator recommends. His broader advice: look for lawyers who come recommended by founders or companies who have already been through the process themselves. Peer recommendations from people who have actually received approval with that lawyer carry far more weight than any firm's marketing.
Who is the O1 actually right for?
Based on everything Rabi shared, the O1 works best if you already have meaningful, verifiable achievements in your field — press coverage, judging roles at credible organisations, senior positions at recognised companies, or recommendations from well-known figures who genuinely know your work. Rabi's own recommenders included investors like Tim Draper and Chris Madina — people with significant profiles who were willing to write for him because they actually knew him and his work. The O1 is a strong option if you are a founder in India looking to bring your company to the US, or a professional with a genuine track record. It is not a shortcut. But if you read the eight criteria and honestly feel comfortable with at least three of them, it is very much worth exploring.
Need help with your visa preparation?
Have questions after reading this guide? I’m happy to help.
Chat with Shachi on WhatsAppNext steps
Continue your preparation with these resources.
