‍

The O-1 visa landscape shifts constantly. USCIS regularly updates fees, revises policy guidance, and adjusts processing standards. Missing these changes can mean filing with outdated information or paying incorrect fees. Here's what's changed recently and what you need to know for 2026 applications.

February 2026 Fee Update: Premium Processing Increases March 1

USCIS announced that premium processing fees will increase from $2,805 to $2,965 effective March 1, 2026. This $160 increase affects all O-1 petitions filed with premium processing on or after that date.

The fee adjustment is authorised by USCIS under the Emergency Stopgap USCIS Stabilisation Act to adjust premium processing fees biennially in response to inflation. The previous increase occurred in February 2024, making this the second adjustment in two years.

What this means for your filing:

• Petitions postmarked before March 1, 2026, pay $2,805
• Petitions postmarked on or after March 1, 2026, pay $2,965
• USCIS will reject filings with incorrect premium processing fees
• Base I-129 filing fee ($1,055) remains unchanged

Premium processing guarantees a USCIS decision within 15 business days. This timeline doesn't improve approval odds, but it provides certainty when you need to start work quickly or have other time-sensitive deadlines.

Government filing fees for an O-1 petition total $1,055 for standard processing, or $4,020 with premium processing ($1,055 base fee + $2,965 premium processing fee after March 1). These amounts don't include attorney fees, which typically range from $5,000 to $15,000 depending on case complexity.

Current Processing Times for O-1 Petitions

O-1 visa processing time varies significantly based on whether you use standard or premium processing.

Standard Processing: USCIS currently processes O-1 petitions in approximately 2.5 to 7.5 months. The exact timeline depends on which service centre handles your case and current workload levels. According to USCIS data available in early 2026, approximately 80%.

USCIS shifted to a Service Centre Operations (SCOPS) model in 2023, meaning petitions are no longer tied to specific service centres, such as California or Vermont. Instead, cases are distributed dynamically based on capacity and workload across multiple locations.

Premium Processing: For an additional fee, premium processing guarantees a decision within 15 business days of USCIS receiving your petition. This service remains consistently available for O-1 petitions and has not experienced the temporary suspensions that affect some other visa categories.

Approval rates remain strong: USCIS data from FY2025 Q3 (January-March 2025) show O-1 approval at 93.8%, indicating that well-prepared petitions continue to succeed.

‍

January 2025 Policy Manual Updates: Major Changes for O-1

USCIS issued significant policy guidance updates on January 8, 2025, affecting the evaluation of O-1 petitions. These changes appear in the Policy Manual Volume 2, Part M, and represent the most substantial policy shifts in recent years.

Beneficiary-Owned Companies Can Now Petition

The most significant update clarifies that beneficiary-owned legal entities may file O-1 petitions on behalf of the beneficiary. Previously, this worked in practice but lacked clear written guidance.

USCIS now explicitly states that separate legal entities owned by the beneficiary—including corporations, LLCs, or other business structures—may file petitions, provided proper oversight is in place. This means you may establish a U.S. company to petition for your O-1, provided proper corporate and oversight requirements are met, enabling effective self-sponsorship through appropriate corporate structures.

This change particularly benefits entrepreneurs, startup founders, and independent professionals who previously needed to find third-party employers or agents willing to petition on their behalf.

3-Year Extensions Now Available with Same Employer

Prior guidance limited extensions to one year unless changing employers. The January 2025 update allows USCIS to approve extensions of up to 3 years, even when the same employer is continued, provided new events or activities are involved.

Examples include:

• Moving to a different phase of the same research project
• Taking on expanded responsibilities in your role
• Starting new trials or studies within your field
• Transitioning to related work that builds on your extraordinary ability

Critical clarification: There is no limit to the number of extensions USCIS may approve for the same beneficiary. You can extend your O-1 status indefinitely as long as you continue to qualify for the work and maintain extraordinary ability status.

Updated Evidence Standards for Modern Professionals

The policy updates add specific examples relevant to AI, technology, and emerging fields:

Published material criterion now explicitly includes:

• Digital publications and online media coverage
• Podcasts featuring you as an expert
• Major online outlets and respected digital publications
• Not just traditional print newspapers and magazines

Judging criterion clarifications address modern peer review:

• Serving on technical conference program committees
• Reviewing GitHub pull requests for major open source projects
• Evaluating grant applications
• Assessing startup applications for established accelerators

Awards criteria clarification removes the career-stage requirement. Awards don't have to be received at advanced career stages; recent recognition benefits students and early-career professionals.

Original contributions criterion expanded examples:

• Patents or licenses deriving from your work
• Commercial use of your work or research innovations
• Contributions to software repositories, data, designs, and protocols
• Evidence of significant scientific, scholarly, or business-related impact

Career Transitions Explicitly Recognised

USCIS added examples showing career transitions within the extraordinary ability category:

• An acclaimed athlete is becoming a coach
• Leading STEM professor moving to a private company
• An engineer founding a tech startup
• A renowned dancer starting a career as a dance teacher or choreographer

These examples clarify that extraordinary ability can transfer across related roles and occupations within your field.

What These Updates Mean for Your Application

Budget for higher premium processing costs. If filing after March 1, 2026, factor in the new $2,965 premium processing fee. Total government fees will reach $4,020 before attorney costs are incurred.

Entrepreneurs can now self-sponsor. If you're founding a US company, structure it properly with a board of directors providing genuine oversight, and have your company petition for your O-1. This eliminates the need to find third-party sponsors.

Plan for longer extensions. Instead of filing annual extensions, you can now request up to 3 years if your work involves new activities or phases. This reduces filing frequency and associated costs.

Leverage digital evidence. Social media metrics, online publications, podcast appearances, and digital awards now explicitly count as valid evidence. Tech professionals can use platform-specific recognition.

Early-career professionals benefit. Removing career-stage requirements for awards makes it easier for recent graduates and early-career professionals with recent recognition to qualify.

Technology field examples clarified. If you work in AI, machine learning, emerging tech, or modern fields, the updated examples show exactly what evidence USCIS considers valid.

How to Stay Informed About Future Changes

USCIS updates don't always receive prominent announcements. Monitoring multiple sources ensures you catch changes affecting your petition.

Official USCIS channels:

• USCIS.gov news section and policy alerts
• Policy Manual "What's New" section for guidance updates
• Federal Register notices for proposed rule changes
• USCIS email subscription service

Processing time monitoring:

• USCIS Processing Times tool (updated regularly)
• Service centre-specific data when available
• Case status online for filed petitions

Professional resources:

• Immigration attorney practice alerts
• American Immigration Lawyers Association (AILA) updates
• Law firm blogs specialising in employment immigration

Beyond Border monitors USCIS changes continuously so clients' petitions reflect current requirements. When policy changes, we adjust strategies immediately and notify affected clients of any changes that affect their cases.

Anticipated Changes for 2026

While nothing is certain until officially announced, several developments seem likely based on USCIS statements and immigration trends.

Additional fee adjustments. USCIS indicated the recent increases might not be the last. Further adjustments could come in late 2026 or 2027. The agency has discussed implementing differential pricing, with complex petitions paying higher fees.

Continued policy clarifications. As industries evolve and new forms of recognition emerge, expect ongoing updates to the Policy Manual. Digital credentials, online platforms, and non-traditional career paths will likely receive additional guidance.

Processing time fluctuations. Service centre workload varies based on visa demand, staffing levels, and budget allocations. Processing times will continue to fluctuate. Premium processing will likely remain available but may incur additional fee increases.

Technology modernisation. USCIS is investing in online filing systems. O-1 petitions may eventually transition to fully electronic filing, replacing paper submissions, streamlining processing, but requiring adjustments to new procedures.

Need Help Navigating USCIS Policy Changes?

Policy updates can create confusion, even for those familiar with the O-1 application process. Fee changes affect budget planning. Policy Manual revisions require adjusting evidence strategies. Shifts in processing time complicate work timeline planning.

Beyond Border specialises in keeping O-1 petitions compliant with current USCIS requirements regardless of how frequently policies change. We monitor USCIS updates daily, adjust our petition preparation strategies as guidance changes, and notify clients immediately when changes affect their cases.

If you're planning an O-1 application or have a petition in progress, don't let policy changes derail your timeline. We'll ensure your petition reflects current adjudication standards, uses correct form versions, includes appropriate filing fees, and addresses the evidence requirements USCIS actually applies today—not outdated requirements from previous years.

USCIS policy changes shouldn't force you to become an immigration law expert. Let us handle the regulatory monitoring while you focus on your extraordinary ability work.

Get started with your O-1 petition consultation →

‍

Frequently Asked Questions

When does the increase in the premium processing fee take effect?

March 1, 2026. Petitions postmarked before this date pay $2,805. Petitions postmarked on or after March 1, 2026, pay $2,965.

Can I really sponsor my own O-1 through my company?

Yes, under January 2025 guidance. Your beneficiary-owned corporation or LLC can petition on your behalf, provided proper oversight structures are in place, such as a board of directors with genuine supervisory authority.

How long can O-1 extensions be in 2026?

Up to 3 years, even if new events or activities begin with the same employer. There's no limit to the number of extensions.

Do policy changes affect petitions already filed?

Generally no. USCIS adjudicates based on laws and policies in effect when you filed, not when they issue a decision. However, fee changes apply to petitions filed after the effective date.

Where can I find the most recent updates to the Policy Manual?

Visit uscis.gov/policy-manual and check the "What's New" section. The Policy Manual is searchable, and updated sections include revision dates.

‍