Can you hold an O-1 without salaried employment, working only on fees?

Yes. The O-1 does not require the beneficiary to have a fixed-salary job. The central criterion of the visa is demonstrating extraordinary ability in the field of activity, not the format of compensation. Working through fees or service contracts is fully compatible with the visa.

What the O-1 structure actually requires is that someone in the United States takes on the role of petitioner and is responsible for the proposed activity. That can be:

• An employer offering the work.
• An agent who represents the professional and organizes engagements with different clients.
• A sponsor who supports the activity during the period in the U.S.

Even without a regular salary, you must present a contractual structure describing the engagements and a robust set of evidence of your track record, such as prior work, awards, publications, and other credentials. The clearer and more organized the dossier, the stronger the petition.

Each case is evaluated individually by U.S. immigration authorities, so it is worth verifying updated requirements and seeking specialized guidance before filing.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

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.