O-1A
The O-1A visa is recommended for individuals who are considered leaders in the field and have received international or national recognition for their achievements. In order to apply for an O-1, you must be sponsored by a U.S. employer or agent on either a part-time or full-time basis. Oftentimes, the O-1A is used a stepping-stone toward obtaining an EB-1 Extraordinary Ability Green Card.
General Requirements:
A strong O-1 filing should present strong evidence of at least 4 of the 8 criteria listed by USCIS (although only 3 criteria are required):
- Receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor
- Membership in associations in the field for which classification is sought which require outstanding achievements, as judged by recognized national or international experts in the field- paid memberships usually do not meet this threshold
- Published material in professional or major trade publications, newspapers or other major media about the beneficiary and the beneficiary’s work in the field for which classification is sought
- Original scholarly or business-related contributions of major significance in the field
- Authorship of scholarly articles in professional journals or other major media in the field for which classification is sought
- A high salary or other remuneration for services as evidenced by contracts or other reliable evidence
- Participation on a panel, or individually, as a judge of the work of others in the same or in a field of specialization allied to that field for which classification is sought
- Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation
Common Occupations:
- Athletes/Coaches
- Business Professionals
- Scientists
- Researchers
- Engineers
Filing Process:
In the past couple of years, USCIS has been pretty strict in reviewing O-1 petitions, usually requiring more evidence than is necessary to adjudicate the case. Therefore, the O-1 petition would be a very “document-heavy” filing, which requires extensive evidence to prove you’re top in your field. As USCIS applies a very high level scrutiny to these types of cases, it is very important to evaluate all evidence available and present your strengths accordingly.
Validity:
O-1 petitions can be approved for up to 3 years at a time, depending on the length of the job offer/itinerary submitted with the petition. Currently, there is no limit on the number of extensions an individual may receive.
