Published on September 6, 2026 · 8 min read

Last modified: September 6, 2026

Key takeaways

    • The O-1 approval rate has recently sat in the low-to-mid 90s%. The exact figure depends on which government data set you're looking at. USCIS petition data and State Department consular data measure different things.

    • Approval rates have ticked down and RFE rates have climbed over the past year. An RFE, or "request for evidence," is USCIS's way of asking for more proof before it decides your case. The trend tracks with tighter scrutiny across USCIS's extraordinary-ability categories generally.

    • Most denials trace back to a handful of recurring evidence gaps, not bad luck. A well-prepared petition can meaningfully improve your odds.

What Is the O-1 Visa Approval Rate Right Now?

The O-1 visa approval rate has generally run in the low-to-mid 90s percent over the past several years, though it's edged down recently. The honest answer is that "the" approval rate doesn't exist as a single number. It depends on which agency's data you're citing, and what step in the process it measures.


The O-1 classification covers "individuals with extraordinary ability or achievement." That's the sciences, arts, education, business, or athletics for O-1A. It's the motion picture and television industry for O-1B. Two different federal agencies each publish their own numbers on it, and they're not interchangeable:

Data sourceWhat it actually measuresRecent approval rate
USCIS Form I-129 petition dataWhether USCIS approves the initial petition filed by the employer or agentRoughly 91% to 94% in fiscal years 2024–2026
State Department consular dataWhether an O-1 holder abroad is issued the actual visa stamp at a consulateRoughly 91% to 97% in recent years

Most O-1 workers never touch the consular data at all. Many are already in the US on another status, so their petition gets approved domestically with no consulate visit involved. The petition-approval number is the one that matters for most people asking about their odds, and it's the one this article focuses on.

Why Do O-1 Approval Rate Numbers Differ by Source?

They're not measuring the same event. USCIS's I-129 petition data tracks the employer's or agent's initial filing. That's the step where your evidence of "extraordinary ability" gets evaluated. The State Department's data works differently.


It's published through the Nonimmigrant Visa Statistics reports, and it tracks visa stamp issuance at a US consulate abroad. That's a downstream step, and a lot of O-1 beneficiaries skip it entirely if they're adjusting status or extending from inside the US.


There's a third wrinkle, too. USCIS's own petition data is sometimes reported as a combined "O-category" figure. That folds in O-2 petitions (for support personnel accompanying an O-1 artist or athlete) alongside O-1s themselves.


It's part of why you'll see slightly different percentages depending on a source's methodology. When a site quotes a single, precise "O-1 approval rate" with no explanation of which of these it means, treat that number with some skepticism.

Is the O-1 Approval Rate Dropping in 2026?

Yes, modestly. It's part of a broader pattern, not something specific to O-1. USCIS's most recent quarterly case-processing releases show the O-1A approval rate declining for multiple consecutive quarters through fiscal year 2026. That's after it peaked above 94% in fiscal year 2024.


Requests for Evidence on O-category petitions have climbed alongside that decline, roughly from the high teens a year earlier into the mid-20s percent more recently.


That shift tracks with what USCIS has documented more broadly in its Policy Manual guidance on extraordinary-ability evidence. USCIS is applying the same two-part test it always has. First: does your evidence meet the specific criteria? Second: does all of it together show sustained national or international acclaim?


What's changed is the tolerance for thin documentation. There's less of it than there used to be. An RFE isn't a denial: a meaningful share of RFE'd petitions are ultimately approved once the petitioner responds with stronger evidence. But it does add months to your timeline, and it signals the initial filing didn't fully close the gap.

Why O-1 Petitions Get Denied or Hit with an RFE

The recurring gaps tend to fall into a few categories relative to the O-1 visa requirements. They're worth naming plainly because they're fixable before you file:

Regional Recognition Instead of National or International Acclaim

This is the single most common issue. Evidence shows real accomplishment, but only within a local or regional scene. It doesn't cross into the national or international recognition USCIS is looking for.

A Weak "Final Merits" Showing

A petition can technically satisfy three or more of the regulatory criteria on paper and still get an RFE. That's because USCIS separately asks a bigger question: does the evidence as a whole show the person is truly at the top of their field? Checking boxes isn't the same as answering that.

Thin or Generic Expert Letters

Some recommendation letters describe the person in vague, superlative language without specific, verifiable detail about their actual contributions. Those carry less weight than letters from independent experts who can speak concretely to the work.

Outdated Achievements

Evidence needs to show sustained acclaim. A single award or milestone from several years ago, with nothing since, invites questions about whether the acclaim is current.

Disorganized Petitions

Evidence that isn't clearly mapped to each regulatory criterion makes it easy for USCIS to conclude a criterion wasn't addressed at all. That's true even when the underlying accomplishment would have qualified.

How to Strengthen Your O-1 Case Before You File

If you're looking to improve your O-1 visa chances, each of the gaps above points to a fix. Build a record that explicitly addresses national or international recognition, not just accomplishment. Look for press coverage, awards, or judging roles that reach beyond a single city or region. Ask expert letter writers for specificity: what exactly did this person do, why did it matter, and how does the writer know.


USCIS evaluates O-1A petitions against eight specific regulatory criteria, and your evidence needs to clearly satisfy at least three of them:

    • Nationally or internationally recognized awards for excellence in the field

    • Membership in an association that requires outstanding achievement, judged by recognized experts

    • Published material about you and your work in major media or trade publications

    • Judging the work of others in your field, on a panel or individually

    • Original contributions of major significance to your field

    • Authorship of scholarly articles in professional journals or major media

    • A critical or essential role at an organization with a distinguished reputation

    • A high salary or other compensation relative to others in your field

Match your evidence to these categories by name, not just to a general sense of being impressive.


Refresh the evidence file so the most recent 12 to 24 months are represented, not just career highlights from years ago. And organize the petition so every piece of evidence is labeled against the specific criterion it supports. A cover argument should tie the whole record together, rather than leaving USCIS to connect the dots.


None of this guarantees approval. USCIS makes an individualized determination on every petition, and no attorney can promise a specific outcome. But a petition built around these fixes starts from a materially stronger position than one that isn't.


Not sure O-1 is even the right category for your situation? Marble Law's eligibility calculator can help you check before you invest time building a case.

O-1 Visa: A Federal Process, Not a State One

The O-1 visa is governed entirely by federal immigration law. Unlike many family law questions, there's no state-by-state variation in eligibility or process. Wherever you're filing from in the US, the same USCIS criteria and standards apply.


The one place location matters is a visa stamp at a US consulate abroad. Refusal patterns there can vary somewhat by consulate and by an applicant's home country. That's a separate question from the petition-approval odds discussed above.

How an Immigration Lawyer Can Help

An immigration attorney's main value in an O-1 case isn't paperwork. It's an evidence strategy. Immigration attorneys who work with Marble Law start by reviewing a client's existing accomplishments against the specific regulatory criteria, before drafting anything. They flag which criteria are well-supported versus thin, and identify what additional documentation would close the gap: press, judging invitations, membership criteria, salary data.


They also draft the "final merits" argument, the piece that ties individual evidence into a single coherent case for national or international acclaim. That's the step USCIS increasingly leans on when deciding close calls. And if an RFE comes back, they manage the response. A well-handled RFE response is often the difference between an eventual approval and a denial.

Final Thoughts

There's no single "O-1 visa approval rate." There's a range, depending on whose data you're reading and what stage of the process it covers. What's consistent across every source is that scrutiny has increased over the past year.


The petitions that get approved tend to share the same traits. Look for clear evidence of national or international recognition, specific expert support, current achievements, and an organized record. Want to strengthen your O-1 case before you file? An immigration attorney with Marble Law can help.

Frequently Asked Questions

Disclaimer: Immigration laws and procedures can change and vary based on individual circumstances. This article provides general information and should not be considered legal advice for your specific situation. For personalized guidance, consult with an attorney.

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