Yes, as a general rule you can remain abroad while your attorney prepares and submits the O-1 petition. Building the case and gathering evidence does not require your physical presence in the United States, so being outside the country does not interfere with this stage.
In fact, many professionals choose to wait abroad for personal or work reasons. What matters is staying organized on your end:
- Keep your documentation and supporting statements ready and easily accessible.
- Respond promptly to requests and deadlines throughout the process.
- Stay in close contact with your attorney to track the petition’s progress.
Once the petition is approved, the consular stage typically follows, during which the visa is issued so you can formally enter the United States. Because every case has its own specifics, it is worth checking the latest guidance from USCIS and the consulate, and working with a qualified specialist.
Learn more about O-1
- Requirement
- Extraordinary ability
- Initial validity
- 3 years
- Extension
- 1 year at a time (unlimited)
- Processing
- 2-4 months
About the author
Victoria Harper
Editor-in-Chief
As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.