The published material about the person under the O1A visa petition must include a detailed report of the person and the persons work, and it must be published in a professional publication, major trade publication, or major media publication. When your O-1A visa is extended, they also have to apply for extensions, and if you get the Green Card, they will also get this benefit. Qualifying criteria for an O1 visa, the application procedures, the required documents and FAQs Who Can Apply for an O1 Visa? Media coverage that shows the award/prize has prestige at a national or international level. For example, an article in the Washington Post discussing the person breaking new scientific grounds by discovering a new strain of virus and is developing a new vaccine to combat the new strain of virus can be effective evidence. For example, an article citing the persons work in passing was treated as background information for the topic that was being discussed, or a long article that only included a few sentences about the persons work was considered insufficient under this criterion. Documents that show the title, date, and author of the published material, the publications name, the legitimacy of the publication, whether the circulation was online or in print, who the target audience of the publication are, the number of copies printed, the frequency of publications, and whether it has local, national or international circulation. O-1A candidates must: File Form I-129 (Petition for Nonimmigrant Worker) no more than one year before the visa is needed and at least 45 days before the date of employment. Published material that does not cover the content of the persons work but covers the person receiving an award or grant because of their work may be considered effective. It is common practice and strongly encouraged to obtain an attorney for employment-based nonimmigrant visa petitions. The application process starts from your employer, so without your employer willing to sponsor you, there is no chance of getting the O-1A visa. The person should have primarily created the scholarly article. Generally, O-1A visa applicants must meet the following requirements: Received a prestigious award from an internationally-recognized organization, like a Pulitzer Prize or an Olympic medal Received any national or international award recognizing your excellence in an applicable field Published . If you want to work for more than one employer, all of your employers must send petitions to USCIS. Below are some general guidelines as to what usually satisfies the high salary or remuneration compared to others criteria under an O1A visa petition. First, you have to make sure your job offer is valid. The award here must be under the same field of expertise that the person is using in the O1A visa petition. You cannot be a successful business person and work in a caf. The alternative to an O1A visa for athletes would be to file a P1A visa petition (Internationally Recognized Athlete). O visas are nonimmigrant employment visas for limited classes of aliens. A. The admission to the membership would usually require recommendations from members who are already in the association and the membership approval would need to be based on the person having outstanding achievements in their professional field of expertise. However, some awards or prizes with restrictive eligibility limitations can still be considered effective if the restrictions are directed towards requiring candidates to possess higher credentials to enter the competition for the award. For example, an award that was limited to young researchers may still be able to qualify as a major award under this O1A visa petition criterion if the researcher was required to be recognized nationally or internationally (by most scientists) in their academic field to be eligible to enter the competition for the award. The O-1A visa has stringent requirements for the eligibility of applicants. The emphasis in this O1A visa criterion is on whether the persons contribution had a major significance to their field of expertise because there are usually no problems with showing that the contribution is original. The person could have served as a judge alone or with other judges on a panel. Below are some general guidelines as to what usually satisfies the authorship of scholarly articles in professional or major trade publications, or major media publications criteria under an O1A visa petition. This form is filed by an employer who is petitioning for a worker to be allowed into the U.S. for temporary work. To do so, your employer must file Form I-129, Petition for Nonimmigrant Workers to them, together with all the documents proving that you have extraordinary abilities and that you fulfill the requirements for the O-1A visa. Documents that show the prestige and selectiveness of the journal that published the persons work should include information such as the ranking of the publication or the impact factor of the publication. Nominations for an award are not effective. Declining and inconsistent publication records may show a lack of sustained acclaim even if the person had prolific publications in prior years. One criterion that proves the person has extraordinary ability under the O1A visa petition requires the person to have served in a leading or critical role for a distinguished organization or establishment. The O-1A visa is primarily meant for people applying in the fields of science, education, business, or athletics, and its requirements are thus tailored to those fields. After reading the O1A visa overview and gaining a general idea of what an O1A visa petition consists of, the next step is to learn about what a person would need to provide as evidence to prove that they are qualified for an O1A work visa. 2. A contract between the sponsoring employer (or agent) and the foreign O1A worker must be provided. Applying for the O-1A visa. The O-1 visa is divided in several groups of visas targeting different professions and people: This article will go through the description of the O-1A visa, its requirements, application process, and other details. Continue to Work in the Same Area of Expertise, One-Time Major Internationally-Recognized Award/Prize, Lesser-Known National or International Award/Prize, Membership in Association Requiring Outstanding Achievement, Published Material About the Worker in Professional/Major Trade/Major Media, Original Contributions with Major Significance, Authorship of Scholarly Articles in Professional/Major Trade/Major Media Publications, Leading or Critical Role for Distinguished Organizations/Establishments, High Salary or Renumeration Compared to Others, O1A Visa Transitioning into an EB1 Green Card, In an O1A visa petition, the person would need to show that they have extraordinary ability at a national or international level in the sciences, education, business, or athletics by either receiving a major internationally-recognized award/prize in their field of expertise OR by satisfying at least 3 of 8 criteria listed in, A copy of the written contract. Typically, a person who is qualifiable for an O1A visa would choose to file for an, When the O1A visa workers decide that they would like to live in the United States permanently and do not want to be subject to the time limitations or the constant filing requirements to extend (renew) their temporary work visa, the next step for them is to file a green card petition. Documents that show the persons publications have a significant impact in their field of expertise can include but is not limited to a university or college course syllabi that lists the persons publications as required reading, examples of international conferences featuring the persons publications, expert letters, testimonials, and published reviews that are favorable to the persons publications. The persons work published in a conference setting can be considered effective. If you have an O1A work visa (Alien of Extraordinary Ability) immigration question, please fill out our contact us form or send us an email with some basic information about your background and your immigration needs. Extraordinary abilities can be in various fields, such as business, science, art, education, film or television industry and so on. They can apply for the O-3 visa which is for dependents. Documents that include information such as the significant impact the persons scholarly article has in their field of expertise, the date it was published, the number of copies printed for circulation, the frequency of the publication, and the targeted readership of the publication should be provided. Positive factors can be journals that have international circulations, being named by the journal as top reviewer of the year, was a member of the editorial board of a distinguished journal, was requested by a large number of journals to do review work, the journal is managed by a small group of elite members, and the fund only invites outstanding experts in the academic field to review grant proposals. The approval of their membership must also need to be determined by a national or international expert in the field. The new guidance on O-1A visa requirements includes: O-1A nonimmigrant status is available to persons of extraordinary ability in the fields of science, business,. The number of citations of the persons scholarly articles will be taken into account but the quality is more important than the quantity here. When USCIS approves the petition, your employer has completed their duties. For example, a wine distributor closed a major business deal that won the person an international award and led the person to be invited to join the prestigious Wines of South Africa Importers Committee where the person helped increase the import of South African wines to the United States by 45 percent. In order to qualify for an O-1 temporary visa, the individual must have extraordinary ability in the arts, sciences, or athletics. High examination scores are not effective. Another close alternative would be the EB2 green card petitions under the Schedule A, Group II exceptional ability. Since you have proven that you have extraordinary abilities for the O-1A visa, you qualify for the Green Card EB-1 which is for people who have high achievements and education. When the persons business is based primarily online, the website usage or website visitor traffic, number of people that have purchased and/or downloaded the product(s) or application(s), and the evidence that the product(s) or application(s) has made original contributions of major significance to their field must be provided. Take into consideration whether you have done the following: If you have received an Olympics medal or a Pulitzer Prize then you automatically are eligible to apply for the O-1A visa. Local newspaper publications, university publications, or the O1A visa sponsoring employers internal reports are not effective. Leading and critical roles can be positions such as chief executive officer (CEO), vice president (VP), a member of the Board of Directors, department head, principal investigator, senior researcher, the head of a research team or laboratory, and team captain of a national sports team. As described, the O-1A visa was made to allow people with extraordinary abilities in business, education, science, and athletics to come to the US. Documents that show the person being awarded a grant, the criteria that were used to select the recipients of that grant, and how many recipients were there. For example, a person being listed as one of the Twenty of Americas Most Promising Biomedical Researchers selected by the Pew Scholars in the field of biomedical sciences, or an athletes national or international competitive ranking. Form DS-160, Online Nonimmigrant Visa Application is an online form used for all applicants for nonimmigrant visas. var gtm4wp_datalayer_name = "dataLayer"; Media coverage of the major contributions can be from academic or scientific press within the community or news outlets for the general public. For example, an insect researcher discovered 96 new species of spiders which represented 10% of the documented information on that spider family would be seen as showing a measurable increase to the current body of scholarship. For example, an events posting on an upcoming exhibition or a simple summary of a show are not effective. A critical role should be one where the persons contribution played a significant impact on the outcomes of the activities of the organizations or establishments. This O1A visa petition criterion is focused on published materials in reputable publications that provide a detailed report on the persons road to success or the breakthroughs in the persons professional work. Listings in a subject matter index or footnote without evaluation, or unevaluated references to the applicants work are ineffective and should not be used. Articles published by new websites, websites with little credibility, or websites that cannot easily be verified of its credibility are ineffective evidence. The person having the same or similar job title as other people in the organization would not be effective unless it is shown that the persons role is different and more distinguished when compared to others. Documents that show the person was in a leading role for the organization or establishment should include information such as appropriate titles with matching duties, organizational charts that show the persons position as leading, media coverage of the persons performance in the leading role, and the selection process for the persons position. Many businesses obtain a competitive edge by recruiting foreign professionals for positions in their American companies. The O-1 visa first appeared in 1990. You will be asked various questions about your background and what your plans are in the US. To help the United States economic recovery, the U.S. wants to attract more foreign STEM (science, technology, engineering or mathematics) talent. H1B1 Visa for Professionals from Chile and Singapore, O1 Visa for Persons With Extraordinary Ability, P Visa for Athletes, Artists and Entertainers. HAVE A O1A VISA IMMIGRATION QUESTION? Commonly used documents to prove that the person has authorship of scholarly articles in professional or major trade publications, or major media publications under an O1A visa petition includes but is not limited to: One criterion that proves the person has extraordinary ability under the O1A visa petition requires the person to have served in a leading or critical role for a distinguished organization or establishment. Articles that cover the person in detail but the final evaluation is negative or neutral are not effective and may be harmful. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Se habla espaol. If USCIS approves your extension, it will be for one year. Unlike other U.S. work visas that have fairly rigid requirements, the O-1 is a popular option thanks to the flexibility of the O-1 criteria. Being considered for major projects or roles in the future cannot be used here because this criterion must be satisfied at the time of filing the O1A visa petition. Evidence required can include: When the sponsoring person (or entity) is a U.S. agent that is performing the function of an employer, the additional evidence required are: When the sponsoring person (or entity) is a U.S. agent that is representing both the O1A foreign worker and one or more employers, the additional evidence required are: When the sponsoring person (or entity) is a U.S. agent that is filing on behalf of a foreign employer, the additional evidence required are: An itinerary and an explanation of the event, performance, or competition that the O1A worker will be participating in must be provided. Compared to H-1B, what are the benefits of O-1? For example, a patented tool that was only used in the organization of the persons employment can be seen as too localized and thus not considered significant for the field as a whole. Below are some general guidelines as to what items are usually considered non-effective or less-effective in satisfying the original contributions that have major significance to the field of expertise criteria under an O1A visa petition: Commonly used documents to prove that a person has made original contributions that have major significance to their area of expertise under an O1A visa petition includes but is not limited to: One criterion that proves the person has extraordinary ability under the O1A visa petition requires the person to have authored scholarly articles that are published in professional or major trade publications, or in other major media publications (e.g., national newspapers, magazines). Articles that praise the persons achievements are effective. Expansion of STEM Optional Practical Training. The section of the associations bylaws that detail the qualifications required of the judges who review the applications of the associations prospective members. The emphasis of this criterion is on how well-known the awards received are. O-1B Temporary Work Visa So how do you demonstrate that you have some sort of extraordinary ability in science, business, education or athletics? Once an individual is able to establish that they have extraordinary ability in the sciences, education, business, or athletics, they must have United States Employer, a United States Agent, or a foreign employer through a United States Agent file the . Compiled lists of top earners in the persons professional field of expertise by credible professional organization(s) that include information such as salary or earning rankings can be submitted. The emphasis of this criterion in the O1A visa petition is the comparison to others in similar circumstances. 3. As an engineer, you can apply for the O-1A subcategory, which is designated for science-related fields. The sponsoring employer (or agent) should have a (FEIN) federal employer identification number. A critical role can include a supporting role if the persons performance in that role was significantly impactful enough to the organization or establishment. Documents that show the sponsoring U.S. agent is authorized to act as an agent for the O1A worker and all the other entities that the O1A worker is contracted to perform services for. For example, a person basing their O1A visa petition on the grounds that they have extraordinary ability as a gymnastic coach may not necessarily be allowed to use an award they won as a gymnastic competitor. Chapters in textbooks that cite the persons achievement are effective. When you have a job, you must make sure that you will be using your extraordinary abilities in that place of work. It can be accomplished by furnishing proof of . For example, a researcher of theoretical cosmology pointed out flaws in a widely accepted theory in the field which sparked fierce debate among the theoretical cosmologists. Also, unlike temporary work visas, green cards are permanent so there is no set maximum time on how long a green card holder can stay in the United States. Below are some general guidelines as to what items are usually considered non-effective or less-effective in satisfying the membership in an association that requires an outstanding achievement criteria under an O1A visa petition. The start and end dates of the event or activities. Independent experts are those that are outside of the persons colleagues and acquaintances. When evaluating whether an individual of extraordinary ability is coming to work in their area of extraordinary ability, DHS officers will focus on whether the prospective work involves skillsets, knowledge or expertise shared with the occupation(s) in which the individual garnered acclaim. Citations of the persons work by well-known organizations in their academic field are usually more effective. CRITERIA FOR O-1A "EXTRAORDINARY ABILITY". Look at the visa requirements and start building your case for it, even if it takes a year or so. A summary of the terms of the oral agreement. Expert review work for journals that have international circulations will be given substantial weight. For example, the persons salary may be at the 90th percentile in the salary scale of the Chicago area but only at the 70th percentile in the San Francisco area. If you want to have your visa processed faster, there is the possibility of premium processing for an extra fee of $1,225. The salary should be at or above the 90th percentile of comparable salary scales. Documents that include information of the selectiveness and prestige of the journal, such as the circulation, ranking of the publication, and the impact factor of the publication. An explanation of the nature of the event or activities. For people who do not qualify for the O1A work visa petition yet and are in the field of science, education or business, the closest alternatives would be filing for an, Another possible alternative to filing an O1A visa petition would be to file for a green card petition which is a permanent immigrant visa and not a temporary work visa like the O1A visa. That is why one of the first conditions to getting an O-1A visa is to have a job in the US. The EB1 green card petitions are one of the fastest ways to obtain an employment-based green card because unlike other employment-based green card categories it does not require a lengthy PERM labor certification and typically does not encounter visa availability backlog issues. Free Consultations. Published material in professional or . We will do our best to respond within 48 hours. No visa lottery that the employee needs to go through. Letters and testimonies from established and reputable professors, colleagues, editors, researchers from a national laboratory, or the public office must include details of the persons contribution and a detailed explanation of how the persons work is original (not replicating other peoples work) and why it has major significance in the field. O-1 Criterion: High Remuneration. Scholarly articles that are published in peer-reviewed reputable journals with national or international circulation are considered most effective. The difficulty of satisfying the requirements. Standard academic citations or articles that merely mention the persons work in passing are not effective. For example, a photocopy of the printed article should be provided if the article was originally published in print, or a PDF print-out from the website should be provided if the article was originally published online. This file includes: Bring all your documents with you to the US Embassy on the day of your interview. The EB1 green card has three subcategories: the (1) EB1a green card for persons that are nationally or internationally recognized as having extraordinary ability in the field of sciences, arts, education, business, or athletics, (2) EB1b green card for professors or researchers who are internationally recognized as outstanding in their academic field, and (3) EB1c green card for executives or managers of multinational companies overseas who are transferring to work in the U.S. office. Commonly used documents to prove that a person has served as a judge of others work under an O1A visa petition includes but is not limited to: One criterion that proves the person has extraordinary ability under the O1A visa petition requires the person to have made original scientific, scholarly, or business-related contributions that have major significance to their professional field. VISA: REQUIREMENTS: VISA O1A: excel in the arts, sciences, business, education or sports: VISA O1B: have extraordinary skills in the arts: VISA O2: be the professional assistant of a VISA O1A holder: VISA O3: be the spouse or child (age limit 21) of an O1A visa holder: VISA P1A: be an internationally renowned athlete: VISA P1B: The section of the associations bylaws that details the membership criteria for the persons membership. The EB1 green card petitions are usually used by O1A visa workers because of how similar the standard and requirements are between the two visa categories. The content must include the O1A workers ability and achievements in their field, the nature of the duties that will be performed, and whether the job needs the services of an alien of extraordinary ability (O1A visa worker). What are the requirements for the O-1A visa? A copy of each prize or award certificate. Scholarly articles under the O1A visa petition are articles that include content such as philosophical discourses, reports on original researches, and experimentation results that are specifically written for learned persons (i.e., persons who have profound knowledge or scholarship) in the field. The publications should not be merely reprints of related abstracts or press releases from journals that publish the persons work. Additionally, just belonging to an organization which is famous and contributes to various fields is not enough. A copy of your I-94 form. The O1A work visa petition requires the person to prove that they have extraordinary ability in the field of sciences, education, business, or athletics and one of the two ways to do so is to provide evidence to show that the person has been given a major internationally-recognized award or prize before. Documents that show the judges who review the applications of the associations prospective members are well-known as national or international experts in their field of expertise. Extraordinary ability for O-1A purposes (sciences, athletics, business) is determined in the same manner as it is for EB-1A purposes. An itinerary that includes definite employment and information on any other services planned. Documentation of the alien's membership in associations in the field for which classification is sought, which. Can I bring my dependents with an O-1A visa? In other words, a person who does not have a U.S. degree and has never been to the United States can still qualify for an, Fill out the form (with some basic information on what your immigration needs are), Sign up and log into the client portal to schedule an appointment online, Attend scheduled appointment (typically a phone call or zoom meeting), Retainment (signing a contract to hire us), Confirming contents of documents that will be submitted, Close the case when a final determination is issued, Fill out the form (on what your immigration needs are), Sign up and log into the client portal to schedule an appointment, Attend scheduled appointment (typically a phone call or zoom), Sign up and log into the client portal to schedule appointment, Confirming content of documents that will be submitted, O1A Visa (Extraordinary Ability in Science, Education, Business, Athletics), O Visa Overview (Extraordinary Ability / Achievement), O-1B Visa (Extraordinary Ability in Arts & Extraordinary Achievements in Motion Pictures or Television), EB1a Visa (Alien of Extraordinary Ability), EB1b Visa (Outstanding Professors and Researchers), EB1c Visa (Multinational Manager or Executive), P1A Visa (Internationally Recognized Athlete), P1B Visa (Member of Internationally Recognized Entertainment Group), L Visa Overview (Intra-Company Transferee), E Visa Overview (Treaty Trader & Investor), High Salary or Remuneration Compared to Others. For people in business, contributions may be shown by the person closing major business deals, being selected to join prestigious business associations, and receiving industry awards for their outstanding achievements. Awards or prizes that are too restrictive in the range of eligible candidates may not be effective, such as when only students or faculty members from a certain school can compete for the award, or when only people from a specific geographical location or age group can be eligible to enter the competition for the award. USCIS grants O-1A status to "individuals with an extraordinary ability in the sciences . Documents that can show the persons ranking or performance statistics are commonly used for athletes, such as the plus-minus ratio for a hockey player. The new guidance provides examples of evidence that may satisfy the O-1A evidentiary criteria and discusses considerations that are relevant to evaluating such evidence, with a focus on the highly technical nature of STEM fields and the complexity of the evidence that is submitted. Citations of the persons work should be accompanied by statements that describe the person as authoritative in that field of expertise. A referee does not necessarily equate to being a judge of other peoples work. Keep in mind that this could be the future salary that you will hold once your O-1 petition is approved, or it could be . It is not much different though from other nonimmigrant visas. Full articles of all the citations do not need to be provided. Lesser-known national or international awards/prizes under the O1A visa petition may be well-known in a specific country or within its professional community but not universally well-known in the world. The published content should be written by independent journalists covering details about the person. Kylie Huang Laws immigration attorney will help identify whether the O1A visa is the appropriate nonimmigrant visa category for the clients (or the clients beneficiarys) professional background and if there are other visa options for the client (or the clients beneficiary). Commonly used documents to prove that there is published material about the person in professional or major trade publications, or other major media publications under an O1A visa petition includes but is not limited to: One criterion that proves the person has extraordinary ability under the O1A visa petition requires the person to have been a judge to other peoples work in the past.