Last updated: October 20, 2026
Key Takeaways
- The O-1 visa approval rate has stayed high, between 89.7% and 94.6% since FY 2020, with 93.9% in FY 2025.
- The published approval rate combines O-1A, O-1B, O-2, first-time petitions, and extensions, so it does not predict any individual founder’s outcome.
- USCIS does not publish separate approval rates for O-1A versus O-1B, and the two subcategories use different evidentiary standards.
- An RFE is an intermediate step, not a denial. In FY 2026, 66.8% of O-1 petitions that received an RFE were ultimately approved.
- Jumpstart Immigration helps founders translate their credentials into petitions that meet USCIS criteria, with a 98% approval rate.
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O-1 Approval Rate By Fiscal Year
The table below shows completed O-category Form I-129 decisions from USCIS petition statistics. It counts petitions decided, not visas issued, and combines all O-category petition types.
| Fiscal Year | Approvals | Denials | Completed Decisions | Approval Rate |
|---|---|---|---|---|
| FY 2020 | 19,903 | 2,280 | 22,183 | 89.7% |
| FY 2021 | 19,329 | 1,822 | 21,151 | 91.4% |
| FY 2022 | 26,291 | 1,497 | 27,788 | 94.6% |
| FY 2023 | 26,425 | 1,927 | 28,352 | 93.2% |
| FY 2024 | 26,535 | 1,558 | 28,093 | 94.5% |
| FY 2025 | 29,733 | 1,948 | 31,681 | 93.9% |
| FY 2026 (Q1–Q3, partial) | 21,321 | 2,096 | 23,417 | 91.0% |
Source: USCIS petition statistics, as compiled by Manifest Law and O1 Experts. FY 2026 figures cover October 2025 through June 2026 only and are not a final annual result.
For O-1 visa approval rate 2026 context, the partial FY 2026 rate of 91.0% is the lowest since FY 2021. It reflects rising denial counts and a tightening adjudication environment. The table reflects completed O-category adjudications and counts petitions rather than visas issued.
What The O-1 Approval Rate Actually Counts
The United States Citizenship and Immigration Services (USCIS) publishes O-category Form I-129 data as a single combined figure. That figure pools together:
- O-1A petitions, covering extraordinary ability in sciences, education, business, and athletics
- O-1B petitions, covering extraordinary ability in the arts or extraordinary achievement in motion picture or television
- O-2 petitions, covering essential support personnel accompanying O-1 beneficiaries
- Initial petitions filed for the first time
- Extension petitions, which tend to be approved at higher rates than first-time filings
Extensions raise the combined rate, and O-2 support personnel and O-1B artists are evaluated against different criteria than a tech founder filing an O-1A. The headline rate therefore does not represent a per-applicant probability. The combined rate mixes Olympic athletes with international medals and early-career founders, so it cannot establish any individual petition’s odds.
A Request for Evidence (RFE) is an intermediate USCIS request for additional documentation. Petitions approved after an RFE response are counted in the approval total, so the aggregate rate includes many cases that needed extra evidence.
The only way to turn the aggregate into a meaningful personal probability is to have your specific credentials assessed against the criteria USCIS actually applies.
Different Standards For O-1A And O-1B
USCIS does not publish separate national approval rates for O-1A and O-1B. Any website presenting a precise subcategory figure is estimating rather than quoting an official USCIS statistic.
The regulatory record shows that the two subcategories use different evidentiary standards. O-1A requires either a major internationally recognized award or satisfaction of at least three of eight regulatory criteria. These criteria cover prizes, selective memberships, published material, judging, original contributions, scholarly articles, critical roles, and high salary.
O-1B arts uses a “distinction” standard that requires skill and recognition substantially above what is ordinarily encountered in the field. The O-1B motion picture and television track applies the higher “extraordinary achievement” standard, typically requiring top-tier recognition such as an Academy Award, Emmy, or Grammy.
Because the subcategories have different evidentiary demands and case mixes, the combined USCIS rate cannot show that either has a clear approval advantage. For tech founders, the relevant classification is almost always O-1A.
O-1 RFE Rate And What An RFE Really Means
An RFE means USCIS wants more information before making a final decision. It does not end the case. Since USCIS’s August 5, 2026 Policy Alert on Evidence, Requests for Evidence, and Notices of Intent to Deny, an RFE is no longer guaranteed: officers may deny a petition without first issuing an RFE if the filing fails to demonstrate eligibility or omits required initial evidence. USCIS quarterly I-129 data through June 2026 shows the O-1/O-2 RFE rate at 24.2% for FY 2026 to date. That figure is up from 19.7% in FY 2025 and 19.0% in FY 2024, after two years of decline.
Of petitions that received an RFE in FY 2026 through June 2026, 66.8% were ultimately approved. For FY 2025, the post-RFE approval rate was approximately 71%.
The practical takeaway is that an RFE is a checkpoint. A well-documented response can turn a weak initial record into an approval. The stronger goal is building a petition that avoids an RFE whenever possible.
How Difficult It Is To Get An O-1 Visa
Difficulty depends more on criteria fit and evidence quality than on luck. The O-1’s high approval rate reflects three pre-filing filters: strict eligibility criteria for extraordinary ability, a requirement that a U.S. employer or agent file the petition, and heavy documentation requirements that only serious applicants complete.
Founders who clearly meet several criteria and document them rigorously face a very different risk profile than applicants who file with thin evidence. The adjudication environment has tightened, and officers look closely at the full record.
Meeting three, four, or even five regulatory criteria no longer reliably predicts approval. USCIS applies a final merits determination that asks whether the record as a whole shows that the petitioner is among the small percentage at the very top of their field.
Recent O-1 Rejection Rate Trends
The O-1 visa rejection rate, or O-1 denial rate, has stayed in the single digits across recent fiscal years, although it is rising. O-classification denial rates were 5.5% in FY 2024, 6.1% in FY 2025, and 8.9% in the first half of FY 2026, a 62% increase over the FY 2024 baseline.
Denials tend to follow patterns. The most common denial cause is failure at the final merits stage. The applicant may be accomplished, but the petition does not translate those accomplishments into evidence that satisfies the governing criteria.
Thin evidence, generic recommendation letters, weak advisory opinions, and vague itineraries appear again and again in denial explanations. The problem usually lies in the record, not in the applicant’s underlying achievements.
How O-1 Compares To H-1B For Founders
The O-1 and H-1B categories serve different purposes, but several structural differences matter for founders. The H-1B is subject to an annual numerical cap and a registration selection process, which since the FY 2027 cap season weighs registrations by wage level instead of drawing them purely at random. For most private-sector positions, a registration must be selected before a petition can be filed, and selection rates through FY 2026 ranged from roughly 25% to 35% of eligible registrations.
Once selected, H-1B approval rates run near 97% to 98%. The selection itself is the main barrier. The O-1 has no annual cap and no selection process, so outcome depends entirely on the evidentiary record.
O-1 petitions must be filed by a U.S. employer or agent, but a business owned by the beneficiary can petition through a separate legal entity when the employment structure is documented correctly. That structure creates a meaningful option for founders.
The O-1 also does not require employer sponsorship in the traditional sense, because a qualified U.S. agent can file on behalf of a founder with multiple engagements. For a credentialed tech founder who cannot afford to lose a lottery year, the O-1 often becomes the more reliable path to U.S. work authorization.
Key Factors That Drive Your O-1 Approval
Approvals track how well a petition maps a founder’s credentials onto the criteria USCIS evaluates. A strong résumé in plain English does not automatically meet that standard. The criteria that carry the most weight for tech founders often include accelerator acceptance, such as Y Combinator or Residency, press coverage that focuses on the founder, patents, awards with documented selectivity, judging roles with completed participation, and original contributions with independent corroboration showing field-wide impact.
Evidence that moves the final merits analysis is comparative and quantified. Officers look at citation rates measured against peers at the same career stage, selection rates for awards and grants, the size of the practitioner population holding a comparable credential, and independent documentation of the reputation of the organizations involved.
For a full breakdown of the eight O-1A criteria and how founder credentials map onto them, see O-1 Visa Eligibility: A Founder’s Guide to 8 Criteria. For real approved cases, see O-1 Visa Success Stories: Real Approved Cases Explained.
What To Do After An O-1 Denial
A denial costs time and momentum, but it does not permanently block a future filing. A prior denial is not an automatic bar, but USCIS can see the history, so a refiling must address the earlier concerns directly.
Options after a denial include a Motion to Reopen based on new facts, a Motion to Reconsider arguing legal error, an appeal to the Administrative Appeals Office, or refiling with a rebuilt evidentiary package. When the original record was thin, refiling with a stronger package is often the most practical path.
The more effective strategy is building the petition correctly the first time. That approach means working with a team whose methodology matches how USCIS adjudicators actually read evidence, rather than how credentials appear on a LinkedIn profile.
Why Founders Choose Jumpstart
Jumpstart files U.S. visa and green-card petitions for founders, executives, and operators worldwide. Its methodology is trained directly on USCIS adjudicator decisions. The petition is built around what officers look for at each evidentiary step, not around what sounds impressive in a cover letter. Jumpstart’s approval rate is 98%.
For a founder reading O-1 approval-rate data and wondering about actual chances, the next useful step is a tailored assessment. A qualified team can review your specific profile against the criteria and turn aggregate statistics into an individual strategy.
Frequently Asked Questions About O-1 Approval And Denial
How Difficult Is It To Get An O-1 Visa?
Difficulty depends almost entirely on criteria fit and evidence quality. The O-1 requires documented extraordinary ability or achievement, so it does not apply to most applicants. The overall O-1 approval rate has exceeded 90% in every fiscal year since FY 2021.
The main challenge lies in translating genuine credentials into a petition that satisfies USCIS’s two-step adjudication framework. A strong case first meets the evidentiary criteria, then passes a final merits determination that the record as a whole shows the petitioner is among the small percentage at the top of their field.
What Is The Rejection Rate For O-1 Visas?
The O-1 denial rate has stayed in the single digits across recent fiscal years: 5.5% in FY 2024, 6.1% in FY 2025, and 8.9% in the first half of FY 2026, according to USCIS data. Denials cluster among petitions with thin evidence, generic recommendation letters, weak advisory opinions, or a failure to pass the final merits determination. Well-documented petitions from genuinely credentialed applicants tend to fare much better.
How Fast Can You Get An O-1 Visa?
Standard processing times change month to month and vary by service center, so check current USCIS processing times before planning. Premium processing requires USCIS to take adjudicative action within 15 business days, and that action may be an approval, a denial, or an RFE.
For a full breakdown of the O-1 timeline, see How Long Does O-1 Take? A Founder’s 2026 Timeline Guide.
Does The O-1 Approval Rate Apply To First-Time Applicants?
The published aggregate rate does not apply directly to first-time applicants. It pools initial petitions and extensions together, and extensions tend to be approved at higher rates than first-time filings. It also combines O-1A, O-1B, and O-2 petition types.
A first-time O-1A petitioner’s individual odds depend on the strength of their specific evidentiary record. The aggregate rate offers a benchmark, but it does not function as a personal prediction.
Is O-1 Better Than H-1B?
For most tech founders, the O-1 offers a structural advantage that the H-1B cannot match. The O-1 has no annual cap and no selection process. H-1B selection rates ranged from roughly 25% to 35% of eligible registrations through FY 2026, and since FY 2027 selection is weighted by wage level, so a qualified founder can still go a full year without being selected.
The O-1 outcome depends entirely on the evidentiary record, which a founder can shape and strengthen. The tradeoff is that the O-1 requires a much deeper record of documented achievement than the H-1B specialty-occupation standard.
How Many O-1 Visas Are Granted?
USCIS approved 29,733 O-category petitions in FY 2025 and 21,321 from October 2025 through June 2026. These counts cover O-1A, O-1B, and O-2 petitions, including extensions, and they count approved petitions, not visas issued by the State Department.
Does An RFE Mean My O-1 Will Be Denied?
No. An RFE is a request for more documentation, not a denial. In FY 2026 through June, 66.8% of O-1 and O-2 petitions that received an RFE were ultimately approved. Since August 5, 2026, however, USCIS may deny a petition without first issuing an RFE when required initial evidence is missing, so the petition needs to be complete at filing.
Conclusion: A Favorable O-1 Approval Rate And Your Next Step
The O-1 visa approval rate remains favorable, above 90% in every fiscal year since FY 2021 and 93.9% for the most recent full year. That pattern shows that well-documented petitions from credentialed applicants are approved at high rates.
The aggregate number, however, does not describe your personal odds. It combines multiple petition types, pools extensions with initial filings, and does not measure how your specific record maps onto the criteria USCIS evaluates.
The informed move is to have your credentials assessed against those criteria by a team that understands how adjudicators read evidence. Jumpstart files U.S. visa and green-card petitions for founders, executives, and operators worldwide, with a 98% approval rate and a methodology trained directly on USCIS adjudicator decisions.
*Jumpstart is not a law firm and does not provide legal advice. All legal services are performed by independent licensed attorneys.
