The O-1A visa is a non-immigrant visa designed for those with extraordinary abilities in the sciences, education, business, or athletics. The visa has numerous benefits, but to have a chance at the visa, it’s key to understand the extensive documentation required to prove extraordinary ability. Read to learn all about the O-1A eligibility requirements, costs, timeline, and how an O-1A visa lawyer can help you navigate the complex application process.
Who is Eligible for an O-1A Visa?
Individuals who can demonstrate extraordinary ability in the areas of science, education, athletics, or business are eligible for the O-1A visa. USCIS further clarifies that to qualify, a beneficiary must have both:
- Sustained national or international acclaim.
- A level of expertise that suggests that the person is one of the small percentage who have risen to the very top of the field of endeavor.
But how are these two requirements proven?
By providing supporting documentation that follows USCIS guidelines, an applicant can effectively showcase their eligibility.
O-1A Supporting Documentation
According to the USCIS, supporting documentation that counts towards meeting eligibility requirements includes either a major internationally-recognized prize (such as the Nobel or Pulitzer Prize) or at least three of the following:
1. An award or prize of excellence
- The award or prize must either nationally or internationally recognized
- The award doesn't need to be at the Nobel Prize level. Team awards are acceptable if you were a recipient. USCIS considers the criteria for the award, its significance, and how many people received it. Awards from well-known national institutions, certain doctoral dissertation awards, and some conference presentation awards can qualify. An award limited to a single school is less compelling than one from a nationally recognized professional association.
- Example: A biomedical researcher receives the "Young Investigator Award" from the American Heart Association, a nationally recognized professional organization, for their outstanding research contributions.
2. Memberships
- This criterion is met if you belong to associations in your field that require outstanding achievements of their members.
- Membership cannot be based simply on paying a fee, years of experience, or holding a certain educational degree. The membership must require "outstanding achievements" as judged by national or international experts. If an association has different levels of membership, the specific level you hold must meet this high standard.
- Example: An AI engineer is granted "Fellow" status in the Association for the Advancement of Artificial Intelligence (AAAI), a membership level only granted after a rigorous nomination and review process by a panel of experts who evaluate the nominee's significant contributions to the field.
3. Published Material About You
- You meet this O-1A criteria if professional publications, major trade magazines, or major media outlets have published material about you and your work.
- A brief mention or citation is not enough. The material must feature a substantial discussion of your work. The article does not have to be solely about you, but it must connect you to your work. The publication must be considered major, based on its circulation and intended audience.
- Example: An article in Wired magazine (a major media outlet) features a detailed profile on a cybersecurity expert's new encryption method, quoting them extensively about its development and impact.
4. Judging the Work of Others
- This criterion is met if you have participated, either individually or on a panel, as a judge of the work of others in your field.
- You must prove you actually participated in the judging, not just that you were invited. Common examples include serving as a peer reviewer for a scholarly journal, judging abstracts for a conference, or being on a doctoral dissertation committee.
- Example: A professor of chemistry provides copies of emails from the editor of the Journal of the American Chemical Society thanking them for completing the peer review of three different manuscripts submitted for publication.
5. Original Contributions of Major Significance
- This is for making original scientific, scholarly, or business-related contributions that have had a major impact on your field.
- This is a two-part analysis: the work must be original, and it must be of major significance. Evidence can include patents that have been licensed or commercialized, high citation counts demonstrating influence, and detailed letters from other experts explaining the importance of your contribution. Simply publishing an article or obtaining a patent is not enough without proof of its significant impact.
- Example: A materials scientist develops and patents a new, highly efficient solar cell material. They provide evidence that this patent has been licensed by a major energy company and include testimonial letters from industry leaders confirming its revolutionary impact.
6. Scholarly Articles
- This criterion is met by having authored scholarly articles in your field, published in professional journals or other major media.
- The articles must be "scholarly," meaning they report on original research and are generally peer-reviewed. You must be a listed author, but you do not need to be the first or sole author. Unlike the "contributions" criterion, you do not need to show evidence of citations for these articles.
- Example: A cancer researcher is the third author on a peer-reviewed research paper published in The New England Journal of Medicine, a top-tier professional medical journal.
7. Critical or Essential Role
- This is for having worked in a critical or essential role for an organization or establishment that has a distinguished reputation.
- The role must be of significant importance or essential, and the organization must have a distinguished reputation. Your job title is less important than your actual duties and impact. A letter from a supervisor detailing your vital contributions is strong evidence. The organization's reputation can be shown through rankings, major funding, or significant media coverage.
- Example: A lead software engineer at a well-known tech company provides a letter from their director explaining how they were essential in developing the core algorithm for a flagship product, thus playing a critical role for an establishment with a distinguished reputation.
8. High Salary or Remuneration
- This is for proving that you have commanded, or will command, a high salary or other payment for your services compared to others in your field.
- "High" is relative to the salaries of others in the same occupation and geographic location. You should provide evidence like contracts or tax returns along with comparative wage data (for example, from the Bureau of Labor Statistics) to show your compensation is high. For work outside the U.S., the salary is judged against the local standards, not by a direct conversion to U.S. dollars.
- Example: An investment banker in London provides a contract for an annual salary of £200,000, along with a reputable industry survey showing this figure is in the top 5% for professionals with their experience level in London's financial sector.
USCIS may accept “comparable evidence” in certain circumstances to bolster your case when the standard criteria don’t perfectly align with your profession. Nonetheless, three criteria must be satisfied. We advise working closely with a lawyer experienced in the 01A Visa to ensure your evidence qualifies.
How To Get An O-1A Visa
- Secure a U.S. Petitioner and Confirm Eligibility
You must have a U.S. employer or agent to file the petition on your behalf because you cannot self-petition. During this stage, you and your petitioner, often with an attorne, will assess if you meet the “extraordinary ability” standard by satisfying at least three of the eight evidentiary criteria. - Prepare I-129 Petition Package
You and the petition will work together to provide all required documentation in the I-129 petition, including:- Documentation to prove your extraordinary ability, at least three of the eight O-1A criteria.
- A mandatory advisory opinion from a relevant peer group
- Cover letter from the petitioner highlighting your qualifications for the O-1A Visa
- Contracts or an itinerary highlighting the work you will be conducting in the U.S.
- File Form I-129 with USCIS
Your petitioner submits Form I-129 (Petition for Nonimmigrant Worker) to USCIS, along with all supporting documents and filing fees.- Premium processing is available to shorten the I-129 processing time to 15 business days.
- Await USCIS Decision and Finalize Your Status
Once USCIS approves the I-129 petition, you proceed down one of two paths:- Consular processing (If outside the U.S.)
- This involves completing the DS-160 online visa application form, paying visa fees, scheduling an interview at the nearest U.S. embassy or consulate, and attending the interview.
- Chang of Status (If you are inside the U.S.)
- The I-129 includes a section to request a change of status. Your status will automatically switch to O-1A as of the start date listed in the petition, as long as the visa is approved.
- Consular processing (If outside the U.S.)
O-1A Visa Costs
Here is the breakdown of the fees and costs associated with getting your O-1A visa:
- I-129 basic filing fee: $1,015 (your employer pays this) or $510 for small employer or nonprofits.
- Premium processing (optional): $2,805
- DS-160 fee: $205 (The visa beneficiary pays this if applying from outside the U.S. (using consular processing).
- Attorney fees: Legal fees for an O-1 visa case typically range from $5,000 to $15,000. VisaNation O-1A lawyers charge a flat fee of $5,500.
O-1A Processing Time
The I-129 takes about three to four months to process, according to USCIS data. However, the processing time can vary depending on the workload of the service center processing your petition or the complexity of your case. If you are currently in the U.S. on a different visa, then your status will automatically change as soon as your petition is approved.
However, many O-1A applicants are abroad when they petition and so must go through consular processing. This means that you must make an appointment with the U.S. consulate or embassy in your home country to have a one-on-one interview with a consular officer.
The amount of time you will need to wait for your appointment varies greatly depending on how busy the consulate or embassy is. Some applicants only need to wait a few weeks, while others find themselves waiting several months.
Find out when you can receive an O-1 RFE
O-1A Premium Processing
You can opt for the premium processing service, which allows petitioners to have their petitions processed within 15 business days for an extra fee of $2,805.
Premium processing will not increase your chances of being approved. It also does not affect any other part of the process, only the petition.
Learn How to Write a Perfect O-1 Visa Recommendation Letter.
How Long is an O-1A Visa Valid?
When you first enter the U.S. on an O-1A visa, you are admitted for the time necessary to complete the specific event, project, or activity, for a maximum period of three years. For example, if your initial contract or project is only for 18 months, your stay will likely be granted for 18 months, not the full three years.
You can file unlimtited extensions. Hoewver, for each extension, your petitioner must file a new Form I-129 and prove to USCIS that you are needed to continue or complete the same work or activities for which you were originally approved.
O-1A Visa to Green Card
The O-1A visa is considered a “dual intent” visa by the USCIS. This means that you can pursue legal permanent resident status (green card) while working on your O-1A. The most common green cards for O-1A holders to apply for is the EB-1 Green Card.
The EB-1 green card is for workers with extraordinary ability (EB-1A), outstanding professors and researchers(EB-1B), and multinational manager or executives (EB-1C). The O1A requirements overlap greatly with the EB-1. To qualify, you can submit evidence of awards and prizes, scholarly articles, exclusive memberships, judging the work of others, or commercial success, to name a few.
Find out How to Get an O-1 Visa With a Ph.D. Don’t have that level of education? The O-1 visa program is more flexible than many realize, allowing for various ways to establish your extraordinary qualifications. Learn about O1 visa without PhD in this guide!
O-1A to Green Card Timeline
- To apply for a green card, an I-140 petition must be filed, either by yourself (if applicable) or an employer. The day the I-140 is filed is known as your priority date.
- Overall, the I-140 should take around eight months to process
- Once the priority date becomes current with the final action date given in your category in the Department of State’s monthly visa bulletin, you will be able to file for an adjustment of status (green card) using the form I-485. This process takes 6-12 months and cannot be expedited with premium processing.
- If your priority date is current when the I-140 is filed, you can file Form I-485 concurrently, significantly speeding up the green card process.
How VisaNation Can Help
VisaNation Law Group’s O-1A visa lawyers have a long track record of success helping extraordinary people work in the U.S. through the O-1 visa. If you want your case is in the best hands, fill out our contact form so that we can schedule your consultation today.