O1A Visa Requirement & Documents

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.

The article below provides a brief overview of what the O1A visa requirements are looking for and what documents are usually submitted for each requirement.

O1A VISA REQUIREMENTS

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 CFR §214.2(o)(3)(iii). The person must also show that they plan on continuing to work in the same area of expertise listed in their O1A visa petition after they enter the United States under their approved work visa.

The following sections consist of a brief summary on each requirement and the documents that are generally used as evidence to satisfy that requirement.

Continue to Work in the Same Area of Expertise

After entering the United States, the person will continue to work temporarily in the same area of expertise that was used as the basis to apply for the O1A visa

The O1A work visa petition requires the person to prove that they will continue to work temporarily in the same area of expertise that was used as the basis to apply for the O1A visa after entering the United States with their approved visa.

O1A Visa Sponsoring Employer (or Agent)

The O1A work visa petition requires the foreign worker to be sponsored by a U.S. employer (or agent), which means that only the U.S. employer (or agent) can initiate and pay for a O1A visa. An O1A sponsoring employer (or agent) can be an (a) U.S. employer, (b) U.S. agent, or (c) foreign employer through a U.S. agent. The sponsoring employer (or agent) should have a (FEIN) federal employer identification number.

Contracts

A contract between the sponsoring employer (or agent) and the foreign O1A worker must be provided. The content must include the terms and conditions of the O1A person’s employment, the specific wage offered, and details of any additional services provided. Offers of employment are not enough to satisfy the standards here. Evidence required can include:

A copy of the written contract. (recommended)
A summary of the terms of the oral agreement.

When the sponsoring person (or entity) is a U.S. agent that is performing the function of an employer, the additional evidence required are:

A written contract with the O1A worker that includes the wage, employment terms, and details on additional services.
An itinerary that includes definite employment and information on any other services planned.

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:

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.
The contracts between the O1A worker and all the other entities that the O1A worker will perform services for should include an explanation of the terms and conditions of employment.
An itinerary that shows the specific dates of the services or engagements, the names and addresses of the contracted entities, and the name and addresses of the establishments, venues, or locations where the services are performed.

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:

Documents that show the sponsoring U.S. agent is authorized to file this petition and accept service of process on behalf of the foreign employer.
Copies of any written contracts (or summary of the terms of the oral agreement) between the O1A worker and the foreign employer.

Itinerary and Nature of the event or engagement

An itinerary and an explanation of the event, performance, or competition that the O1A worker will be participating in must be provided. An event can be an activity such as a scientific project, conference, convention, lecture series, academic year, academic semester, performance season, product roll out…etc. The O1A worker’s service must be for already planned specific events and not for freelance work or potential engagements. Evidence required can include:

Itinerary that shows the dates, name(s) of the employer(s) or sponsor(s), and the location of the event.
An explanation of the nature of the event or activities.
The start and end dates of the event or activities.

Consultation (Written Advisory Opinion)

A written advisory opinion on the O1A worker’s qualifications and the nature of the work must be provided. It has to come from a U.S. peer group in the O1A worker’s field of expertise. The U.S. peer group can be experts in the field, a union, professional organization, management organization, or other labor organizations. The content must include the O1A worker’s 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). Evidence required can include:

Written advisory opinion (that includes the content required and is signed by an authorized official from the organization or group).
Letter of no objection (when the consulting organization has no objection of the O1A visa petition being approved).

*Foreign major league baseball players should not need an advisory opinion because the statement that “all foreign baseball players who have signed a major league contract have established their O1 or P1 visa eligibility” from the Major League Baseball Players Association (MLBPA) has already been provided to the USCIS.

One-Time Major Internationally-Recognized Award/Prize

The person has received a one-time major internationally-recognized award or prize

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.

A one-time “major internationally-recognized award/prize” under the O1A visa petition must be well-known on an international level as one of the top awards/prizes in the person’s field of expertise. In other words, the major internationally-recognized awards/prizes are usually household names that the general public would immediately recognize as the highest honors in the field. For example, the Oscars (Academy Awards), Pulitzer Prize, Nobel Prize, Olympic Medals, or a Wimbledon title can be seen as received major internationally-recognized awards/prizes under this O1A visa petition criterion.

When there are disputes as to whether the award/prize can be qualified as a major internationally-recognized award/prize under the O1A visa petition, factors listed below will be taken into consideration:

what criteria was used to grant the award/prize
the reputation of the panel or organization giving out the award
whether prior winners of the award/prize were internationally acclaimed at the time of receiving the award/prize
whether there were any substantial cash or non-cash prizes or benefits given to the award winner
if other internationally well-known people competed for the award/prize

Documents to Prepare (Major Internationally-Recognized Award/Prize)

Commonly used documents to prove that a person has received a major internationally-recognized award or prize under an O1A visa petition includes but is not limited to:

A copy of each award or prize certificate

A clear photograph of each award or prize

A copy of the public announcement of the issuance of award(s) from the granting organization

The person satisfies at least 3 of 8 criteria listed below:

The O1A 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 satisfies at least 3 of the 8 criteria listed in the 8 CFR §214.2(o)(3)(iii).

Lesser-Known National or International Award/Prize

The person has received (lesser-known) national or international awards or prizes for achieving excellence in their professional field of expertise

One criterion to prove the person has extraordinary ability under the O1A visa petition requires the person to show that they have been given (lesser-known) national or international awards or prizes in their professional field before.

The “lesser-known national or international awards/prizes” under the O1A visa petitions are awards or prizes that are known nationally or internationally but with a lower standard than the “major internationally-recognized awards/prizes” which are usually awards or prizes that are household names known by the general public (e.g., Nobel Prize, Pulitzer Prize, Olympic Gold Medal, and the Academy Awards).

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. For example, the premiere juggler award from Circus Fest which is a significant and highly recognized award for the circus performers in Monaco but it may not be as well known to someone living in the United States.

Effective and Qualifiable Items (Lesser-Known National or International Award/Prize)

Below are some general guidelines as to what usually satisfies the “lesser-known national or international award/prize” criteria under an O1A visa petition.

The award under the O1A visa petition must be nationally or internationally known. International awards may not necessarily be seen as “internationally recognized” simply because more than one country competed for the award. The emphasis of this criterion is on how well-known the awards received are. Legislative history and AAO (“Administrative Appeals Office”) rulings also hold weight in the determination of how certain awards are categorized.

The award here must be under the same field of expertise that the person is using in the O1A visa petition. 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. The reason behind this is that being a good athlete does not necessarily mean being a good coach. They are not considered as being in the same area of expertise.
Awards can be in the form of rankings. For example, a person being listed as one of the Twenty of America’s Most Promising Biomedical Researchers selected by the Pew Scholars in the field of biomedical sciences, or an athlete’s national or international competitive ranking.

Individual awards are usually more readily effective than team awards. For example, when a play or program wins an award, it is commonly seen as a result of the collective talent of the director, writer, producer, and the other workers that contributed to the production, and it would have to be proved that the award can be primarily attributable to the person’s work. On the contrary, if each member of a group receives a statue, such as the Grammys, it can be seen as a recognition of the individual person’s expertise in the field.
Comparable evidence for a coach winning an award or prize could be when an athlete trained by them won an Olympic medal.

Non-Effective Items (Lesser-Known National or International Award/Prize)

Below are some general guidelines as to what items are usually considered non-effective or less-effective in satisfying the “lesser-known national or international award/prize” criteria under an O1A visa petition.

Awards received at the student level, such as university or post-doc awards, competitive post-doc appointments, dean’s list appointments, conference awards, and most awards in junior music or athletic competitions are not effective.

Academic scholarships and grants, such as university or post-doc grants, fellowships, and scholarships are usually not effective. The reason is that, unlike awards, grants and scholarships are relatively common and they do not show a recognition of past achievements but instead activity that will be undertaken in the future when given.

Awards given to the person’s employer are not effective unless it can be proved that the basis for the award is directly attributable to the person. For example, a person contributing to one short segment in only one episode of a program that received an Emmy award will not be effective.

Local, regional, or provincial awards, such as awards from regional sporting events are not effective.
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. 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.
Nominations for an award are not effective.
Certificates from college are not effective.
Acceptance for publication is not effective.
High examination scores are not effective.
Elected student officer positions are not effective.
Job offers are not effective.
Bonuses from the person’s employer are not effective.

Documents to Prepare (Lesser-Known National or International Award/Prize)

Commonly used documents to prove that a person has received lesser-known national or international awards or prizes under an O1A visa petition includes but is not limited to:

A copy of each prize or award certificate.
A clear photograph of each prize or award.
A copy of the public announcement of the issuance of awards from the granting organization.
Media coverage that shows the award/prize has prestige at a national or international level.
Letter from the award committee describing the number of people that were nominated for the award and the selection criteria for the award winner.
Other documents (e.g., official documents announcing the award, event programs) that include information such as the significance of the award in the field, the number of awards given out each year, the caliber of previous award winners, the geographic scope of eligible candidates, the reputation of the panel or organization granting the awards should also be provided.
Documents that show the person or the person’s organization received venture capital funding and the criteria that were used to award that funding.
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.

Membership in Association Requiring Outstanding Achievement

The person has membership in an association that requires members to have outstanding achievement in their area of expertise as a condition to become a member (judged by national or international expert)

One criterion that proves the person has extraordinary ability under the O1A visa petition requires the person to show that they are a member in a professional association that approves membership based on whether the person has attained outstanding achievement in the field. The approval of their membership must also need to be determined by a national or international expert in the field.

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. For example, the American Society of Cinematographers (ASC) requires new cinematographers joining the association to have written recommendations by three active or retired ASC members.

Membership to a professional association under the O1A visa petition should be exclusive and limited to people who have been judged and determined by esteemed peers as having attained outstanding achievements in their field of expertise. Memberships that require little to no effort, such as filling out a form and paying the annual membership fees, are generally not qualifiable under this O1A visa petition criterion.

Effective and Qualifiable Items (Membership in Association Requiring Outstanding Achievement)

Below are some general guidelines as to what usually satisfies the “membership in an association that requires an outstanding achievement” criteria under an O1A visa petition.

The admission to the association must require the use of a higher and more selective criteria and the association must be related to the person’s field of expertise listed in the O1A visa petition. For example, a baseball player on the national baseball all-star team, a surgeon in the Society of Genitourinary Reconstructive Surgeons.
Outstanding achievements must be an essential condition for granting the membership and this must be judged and determined by national or international experts who are well-known in the field. For example, the National Academy of Sciences only admits 18 people each year as a Foreign Associate and a nomination by an existing member based on the person’s outstanding achievements in producing original research is required.
A senior-level membership in an association that has several levels of memberships may be qualifiable under this O1A visa petition criterion even if the association’s lower-level memberships are completely fee-based.

Non-Effective Items (Membership in Association Requiring Outstanding Achievement)

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.

Membership cannot be merely based on factors such as the person paying the annual membership fee, passing a certain exam, having years of experience in a field, or a required membership for employment in certain occupations (e.g., union membership). For example, a membership in the American Chemical Society (ACS) is not qualified because it only requires a chemical-related degree or work experience and the payment of its annual membership fees to become a member.

Documents to Prepare (Membership in Association Requiring Outstanding Achievement)

Commonly used documents to prove that a person has membership in an association that requires an outstanding achievement under an O1A visa petition includes but is not limited to:

Copy of the person’s membership card.
Copy of the person’s membership certificate.
Letter from the professional association stating that the person is a member.
The section of the association’s bylaws that details the membership criteria for the person’s membership.
The section of the association’s bylaws that detail the qualifications required of the judges who review the applications of the association’s prospective members.
Documents that show the judges who review the applications of the association’s prospective members are well-known as national or international experts in their field of expertise.
Documents that show how the evaluation process is done when reviewing the applications of the association’s prospective members.
Documents that include information such as the association’s goals, mission, target members, total number of members, official admission requirements, where the person is ranked relatively to other members, the requirements and conditions to maintain membership, and the status of the association in the field.

Published Material About the Worker in Professional/Major Trade/Major Media

There is published material about the worker in professional or major trade publications, or in other major media publications

One criterion that proves the person has extraordinary ability under the O1A visa petition requires the person to show they have published material about them and their work in professional or major trade publications, or in other major media publications.

The published material about the person under the O1A visa petition must include a detailed report of the person and the person’s work, and it must be published in a professional publication, major trade publication, or major media publication. Importance is placed equally on the coverage of the person and the person’s work.

This O1A visa petition criterion is focused on published materials in reputable publications that provide a detailed report on the person’s road to success or the breakthroughs in the person’s professional work. For example, a published article in the New York Times describing who the person is, how the person developed a certain medicine, and how the medicine is now widely used in hospitals would serve as good evidence for this O1A visa petition criterion.

Effective and Qualifiable Items (Published Material About the Worker)

Below are some general guidelines as to what usually satisfies the “published material about the person in professional or major trade publications, or other major media publications” criteria under an O1A visa petition.

Major media outlets can include national newspapers and magazines from the O1A visa worker’s home country or well-known outlets such as the Washington Post, CNN, BBC, New York Times, Boston Globe, New York daily News. The emphasis here is whether the publication’s circulation shows a significant amount of national or international distribution.
Major trade publications can include specific well-known trade publications or websites such as Nature News, National Science Foundation, New England Journal of Medicine.
Articles that quote the person as an industry expert are effective.
Articles that praise the person’s achievements are effective.
Chapters in textbooks that cite the person’s achievement are effective.
Published material that does not cover the content of the person’s work but covers the person receiving an award or grant because of their work may be considered effective.
Media coverage on the person serving as a judge in a high-profile competition in their field of expertise may be considered effective.

Non-Effective Items (Published Material About the Worker)

Below are some general guidelines as to what items are usually considered non-effective or less-effective in satisfying the “published material about the person in professional or major trade publications, or other major media publications” criteria under an O1A visa petition.

Articles that cite the person’s work should be substantial and not merely part of a list of citations to other work. Listings in a subject matter index or footnote without evaluation, or unevaluated references to the applicant’s work are ineffective and should not be used. Citations of the person’s work should be accompanied by statements that describe the person as authoritative in that field of expertise.
The published material cannot be merely discussing the person’s employer or the organizations associated with the person – it must focus on the person and the person’s work.
Standard academic citations or articles that merely mention the person’s work in passing are not effective. For example, an article citing the person’s 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 person’s work was considered insufficient under this criterion.

The publications should not be merely reprints of related abstracts or press releases from journals that publish the person’s work. The published content should be written by independent journalists covering details about the person. For example, an events posting on an upcoming exhibition or a simple summary of a show are not effective.

Marketing material created for the purpose of promoting the person’s products or services are not considered effective.

Articles published by new websites, websites with little credibility, or websites that cannot easily be verified of its credibility are ineffective evidence. The number of hits or views on a particular website does not necessarily indicate credibility.

Local newspaper publications, university publications, or the O1A visa sponsoring employer’s internal reports are not effective.

An article focused only on the person’s personal life and not the person’s professional achievements is considered ineffective evidence. For example, a biographical article that only contains information about the person’s personal life.

Articles that cover the person in detail but the final evaluation is negative or neutral are not effective and may be harmful.

Documents to Prepare (Published Material About the Worker)

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:

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.
The published material should be submitted in the same media format in which it was published. 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.

Past articles from the publication which contain interviews with nationally or internationally well-known people can be used as support for the legitimacy of the publication.

Judge of Other People's Work

The person has served as a judge of other people's work (can be either individually or on a panel)

One criterion that proves the person has extraordinary ability under the O1A visa petition requires the person to have been a judge to other people’s work in the past. The person could have served as a judge alone or with other judges on a panel.

Being a judge of other people’s work under the O1A visa petition can be in the form of peer-reviewing articles for professional publications, editing professional journals, evaluating research proposals for reputable institutions, providing official directions for a dissertation or thesis, or serving as a judge in competitions. This criterion is usually used by academics and researchers who have reviewed manuscripts for scholarly journals and by experts from various industries who have been invited to serve as judges in certain competitions.

Effective and Qualifiable Items (Judge of Other People's Work)

Below are some general guidelines as to what usually satisfies the “judge of other people’s work” criteria under an O1A visa petition.

Academics and researchers can be seen as a judge of other people’s work by peer-reviewing manuscripts for scholarly journals, serving on editorial review boards, and reviewing proposals for reputable organizations such as the National Science Foundation or the National Institutes of Health. Expert review work for journals that have international circulations will be given substantial weight. The quality, quantity, and reputation of where the review work is published (e.g., scholarly journal) will be considered in totality.
Serving on a Ph.D. graduate dissertation committee that makes final judgments on the satisfaction of the degree requirements may be qualifiable.
Reviewing theses, reviewing conference papers, serving as conference chair, and reviewing for significant research grants that are given to various scientific fields may be qualifiable.
Serving on a national panel of experts to evaluate the work of other established professionals, or a medical doctor judging the work of other medical professionals can be qualifiable.
Invitation to serve as a judge by independent experts or institutions that have no ties to the person is more effective than being invited by colleagues or associates. For example, an invitation to do review work from an institution in another country where the person has no connection or ties to will show strong evidence of international recognition.
The quality, quantity, reputation of where the review work is published (e.g., scholarly journal, conference) will be considered in totality. 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.

Non-Effective Items (Judge of Other People's Work)

Below are some general guidelines as to what items are usually considered non-effective or less-effective in satisfying the “judge of other people’s work” criteria under an O1A visa petition.

A referee does not necessarily equate to being a judge of other people’s work. For example, being a referee of a kickboxing contest does not qualify as serving as a judge of others’ work because it does not show that the person exercised judgment in choosing the ultimate winner of the competition.
The review work cannot be a part of the person’s inherent job duties, such as a professor evaluating a student’s work as an instructor, or a chief resident evaluating medical residents as a supervisor.
Review work requested by former classmates, co-authors, academic advisors, or colleagues from the same school may not be effective. For example, there was one case where a person’s work serving on a steering committee for an international conference was considered not effective due to one of the conference co-chairs being the person’s doctoral advisor.

Documents to Prepare (Judge of Other People's Work)

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:

Review work requested by former classmates, co-authors, academic advisors, or colleagues from the same school may not be effective. For example, there was one case where a person’s work serving on a steering committee for an international conference was considered not effective due to one of the conference co-chairs being the person’s doctoral advisor.
A confirmation letter from the organization that invited the person to serve as a judge should include details such as who chose the person to become a judge, the selection criteria and process of choosing the judges, the reasons of why the person was chosen, the dates of when the person served as a judge, examples of prior judges who are highly acclaimed in the field, the details of the work and the level of expertise of those who were being judged, and documents that show the assessments made by the person while serving as a judge. The person’s expertise and reputation should be the main reason why they were chosen to serve as a judge.
Documents (e.g., official organizational documents or bylaws) that show the criteria used to select judges.
Documents that can show what criteria the person used when reviewing other people’s work as a judge. For example, a copy of the person’s comments on the grant proposal or article, or proof that the person’s comments or advice were accepted by the applicant of the proposal or article.
Documents that show the significance of the work that was judged by the person.
Documents that log the appearances of the review work.
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.
Documents that show the significance of the conferences, such as the attendance numbers, brand-name conference sponsors, and examples of well-known people who presented work at the conference.

Original Contributions with Major Significance

The person has produced original scientific, scholarly, or business-related contributions that have major significance to their specific area of expertise

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.

The two parts that need to be satisfied under this criterion of the O1A visa petition are: the contribution must be (1) original and have (2) major significance to their area of expertise.

The emphasis in this O1A visa criterion is on whether the person’s contribution had a major significance to their field of expertise because there are usually no problems with showing that the contribution is original. Major significance can usually be shown by sparking demonstrable change in the field of expertise or if the work has been used or cited by a large number of independent people. 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.

It is important to have an independent source stating that the person made a major contribution in their professional field of expertise in a manner that can be easily understood by the immigration officer. For example, an article in the Journal of Virology published an explicit statement about the person’s discovery of a new strain of virus making a major impact in the field of virology would be easy to understand and hard to dispute.

Effective and Qualifiable Items (Original Contributions with Major Significance)

Below are some general guidelines as to what usually satisfies the “original contributions that have major significance to the field of expertise” criteria under an O1A visa petition.

Major contributions can be when the person’s work has been widely used, cited, adopted, or used by independent peers, other people gained national or international recognition in the field building on the person’s contribution, or the person’s work sparked significant debate or demonstrable change in the field. 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 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. 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.

Patents must be approved and it must be shown that the patent has impacted the field substantially. For example, the patented invention has been manufactured, widely used, licensed to others, and commercially successful.

Citations from independent scholars or researchers are more effective than citations from colleagues or co-authors.
Citations from countries outside of the person’s home country or the United States are seen as very effective in proving that the person is internationally recognized.
The person’s contributions must have an impact on the professional field as a whole and not just an individual institution or close peers.

Non-Effective Items (Original Contributions with Major Significance)

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:

General statements of the contribution’s importance are not effective.
Simply showing that the work was funded, published, or original is not enough. It must show that it has major significance in the field of expertise.
The work must be already replicated or used by independent researchers and not just by the person’s colleagues. For example, a patented tool that was only used in the organization of the person’s employment can be seen as too localized and thus not considered significant for the field as a whole.

Claims about future contributions are not effective.

Documents to Prepare (Original Contributions with Major Significance)

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:

Letters and testimonies from established and reputable professors, colleagues, editors, researchers from a national laboratory, or the public office must include details of the person’s contribution and a detailed explanation of how the person’s work is “original” (not replicating other people’s work) and why it has “major significance” in the field.
Recommendation letters from independent experts in the field of expertise are seen as the most effective since it is seen as more impartial. Independent experts are those that are outside of the person’s colleagues and acquaintances. The letters should detail the usage of the person’s work and the influence the work has on others in the field.
Recommendation letters from Venture Capitalists or CEO/founders should describe in detail the person’s achievements in the professional field and how the achievements have major significance in the field.
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 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.

Documents that can objectively show the significance of the contribution to the field, that people in the field currently believe that the person’s work is important, the person’s work has sparked widespread public commentary or change in the field, or that the person’s work has been widely cited or used by others. For example, objective documents such as contracts that detail the person’s products are being used by multiple companies, licensing agreements showing the technology is used by others, and records of the patented inventions being manufactured and sold to clients.
When the person’s 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.

Authorship of Scholarly Articles in Professional/Major Trade/Major Media Publications

The person's authorship of scholarly articles is shown in professional or major trade publications, or in other major media publications

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).

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 emphasis of this criterion under the O1A visa petition is that scholarly articles must be peer-reviewed or cited by others.

Effective and Qualifiable Items (Authorship of Scholarly Articles in Professional/Major Trade/Major Media Publications)

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.

The scholarly article should be peer-reviewed or cited. The number of citations of the person’s scholarly articles will be taken into account but the quality is more important than the quantity here.

Scholarly articles that are published in peer-reviewed reputable journals with national or international circulation are considered most effective.

The person being the only author or the first author is usually considered more effective than the person being one of many authors (and not being listed first). When more than one author is listed, how the person contributed in the research effort would need to be explained.

Citations of the person’s work by well-known organizations in their academic field are usually more effective. For example, an economics researcher’s work cited in a World Bank’s publication, or a medical researcher’s work cited in a World Health Organization’s (WHO) report.

The person’s work published in a conference setting can be considered effective.

The person should have primarily created the scholarly article.

Low citations or low publication rates may still be effective if it is due to the factors inherent in the nature of their academic field. For example, it is common for researchers in mathematics to have a relatively lower publication rate, or in some circumstances there is a difference in publication rates between researchers who are in academia and in the private industry.

Non-Effective Items (Authorship of Scholarly Articles in Professional/Major Trade/Major Media Publications)

Below are some general guidelines as to what items are usually considered non-effective or less-effective in satisfying the “authorship of scholarly articles in professional or major trade publications, or major media publications” criteria under an O1A visa petition.

Scholarly articles that are published in non-peer-reviewed publications, vanity presses, or regional publications are not effective.

Scholarly articles that have not been cited or peer-reviewed are not effective.
Articles that are not considered scholarly articles cannot be used. Non-scholarly articles are articles that were not specifically written for learned persons (i.e., persons who have profound knowledge or scholarship) in the field to read.
Declining and inconsistent publication records may show a lack of sustained acclaim even if the person had prolific publications in prior years.

Documents to Prepare (Authorship of Scholarly Articles in Professional/Major Trade/Major Media Publications)

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:

The citation records can be provided by copies of citation indexes, displaying the number of citations, and the titles of the articles that cited the person’s work. Full articles of all the citations do not need to be provided.
The record of scholarly articles can be provided by results from scholarly literature search websites (e.g., Google Scholar, SciFinder) or paper copies of the person’s articles that show the person as the author, the title of the article, and the journal it was published in.

Documents that include information such as the significant impact the person’s 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.

Documents that show the person’s 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 person’s publications as required reading, examples of international conferences featuring the person’s publications, expert letters, testimonials, and published reviews that are favorable to the person’s publications.

Documents that show the prestige and selectiveness of the journal that published the person’s work should include information such as the ranking of the publication or the impact factor of the publication.

Documents that show the significance of the publications that are published in conferences should include information such as the attendance numbers, brand-name conference sponsors, examples of other well-known people who also presented work at the conference, and the selection criteria and process in picking presenters for the conference.
The scholarly article should be submitted in the same media format in which it was published. 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.

Leading or Critical Role for Distinguished Organizations/Establishments

Performance in a critical or essential role in distinguished organizations or establishments

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 person under this O1A visa petition criterion must have been in a leading or critical role for an organization (or establishment) that has a distinguished reputation or has recently hosted productions that have distinguished reputations.

The emphasis of this O1A visa petition criterion is the impact that the person’s role had on the organization. For example, a marketing researcher working for a business university was endorsed by the director of the university with the statement that the person expanded the school’s visibility which helped build up the reputation of the school as a standout institution in the business and management training field.

Effective and Qualifiable Items (Leading or Critical Role for Distinguished Organizations / Establishments)

Below are some general guidelines as to what usually satisfies the “leading or critical role for distinguished organizations or establishments” criteria under an O1A visa petition.

The leading or critical role should be for the organization as a whole and not for one division or department unless that division or department is critical to the overall success of the organization.

A leading or critical role could be that the person founded the organization, executed a key program that led the organization to success, established a critical department in the organization, or the performance of the person increased the organization’s popularity or enhanced the organization’s reputation.

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.

A critical role should be one where the person’s contribution played a significant impact on the outcomes of the activities of the organizations or establishments. For example, a distinguished company used the person’s skills in a major high-profile project, or an athlete as team captain led the team to win an international title or national championship.

A critical role can include a supporting role if the person’s performance in that role was significantly impactful enough to the organization or establishment. For example, being a co-principal investigator for a federally funded research project that has high monetary value.

Non-Effective Items (Leading or Critical Role for Distinguished Organizations / Establishments)

Below are some general guidelines as to what items are usually considered non-effective or less-effective in satisfying the “leading or critical role for distinguished organizations or establishments” criteria under an O1A visa petition.

Merely performing well in a job position and having a good reputation among coworkers, or being selected for a competitive job position in itself alone are not necessarily effective here.

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 person’s role is different and more distinguished when compared to others.

Simply doing speaking engagements with distinguished organizations or establishments is not effective.

Simply performing a leading role in a project or production is not enough, the project or production must be successful as well.

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.

If the person’s role in the organization does not have a demonstrable impact beyond the organization itself (which happens more frequently with private companies), it would be considered ineffective evidence.

Documents to Prepare (Leading or Critical Role for Distinguished Organizations / Establishments)

Commonly used documents to prove that a person has performed in a leading or critical role for distinguished organizations or establishments under an O1A visa petition includes but is not limited to:

Documents that show the organization or establishment has a distinguished reputation should include information such as industry rankings, awards that the organization has received, media coverage of the organization or the organization’s work, and expert letters that attest to the organization as having a distinguished reputation.
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 person’s position as leading, media coverage of the person’s performance in the leading role, and the selection process for the person’s position.

Documents that show the person indeed performed in a critical role for the organizations or establishments.

Media coverage that shows how important the person was to the organization or what the person has achieved for the organization.

Expert letters that explain in detail the nature and the importance of the person’s role in the organization.

Documents that can show the person’s ranking or performance statistics are commonly used for athletes, such as the plus-minus ratio for a hockey player.

Letters from people who have personal knowledge on how the person’s leading or critical role significantly impacted the organization or establishment should be provided. The content of the letters should verify and explain in detail the person’s role and include a comparison of the specific tasks or achievements of the person and other workers who have similar jobs in the field.

High Salary or Remuneration Compared to Others

The person receives a high salary or remuneration when compared to what other workers in similar positions usually receive in the same field (industry)

One criterion that proves the person has extraordinary ability under the O1A visa petition requires the person to have the ability to receive a higher salary or remuneration than other similar workers in their professional field.

The person’s salary or remuneration must be considered high when compared to what other workers in the same field usually receive. Generally, it should be at or above the 90th percentile in the comparable salary scales. The emphasis of this criterion in the O1A visa petition is the comparison to others in similar circumstances.

Effective and Qualifiable Items (High Salary or Remuneration Compared to Other People)

Below are some general guidelines as to what usually satisfies the “high salary or remuneration compared to others” criteria under an O1A visa petition.

The comparable salary scale can be data from the United States or a foreign country depending on where the person was working at the time. For example, the person’s salary can be considered high in Taiwan but low in the United States and still be considered effective because the standard is how the person’s salary compare to others in similar circumstances.

The salary should be at or above the 90th percentile of comparable salary scales.

The person’s salary must be high when compared to other people who have similar levels of experience working in a comparable position within the same geographical location. For example, the person’s 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.

Bonuses may qualify as a part of the remuneration under the O1A visa petition if the person has actual receipt of the bonuses and it is included in the total wages section of the tax return.

Non-Effective Items (High Salary or Remuneration Compared to Other People)

Below are some general guidelines as to what items are usually considered non-effective or less-effective in satisfying the “high salary or remuneration compared to others” criteria under an O1A visa petition.

Salary that is considered high to an average person but is low when compared to other similar workers in the person’s field of expertise would not be considered effective evidence.

Benefits (i.e. tuition reimbursements, healthcare allotments, profit-sharing incentives, stock options, 401(k) contributions, etc.) are not considered effective evidence.

Documents to Prepare (High Salary or Remuneration Compared to Other People)

Commonly used documents to prove that the person receives a high salary or remuneration when compared to what other workers in similar positions usually receive in the same field under an O1A visa petition includes but is not limited to:

Salary or remuneration records in the form of official government tax returns (e.g., Form W-2, Form 1099, or foreign equivalent).
Annual income statements, monthly pay stubs, payroll records, bank transaction statements, and the accountant’s letter of support can be submitted.
Media coverage of notable high salaries earned by other similar workers in the person’s field of expertise can be submitted.
Compiled lists of top earners in the person’s professional field of expertise by credible professional organization(s) that include information such as salary or earning rankings can be submitted.
Geographical or position appropriate compensation surveys, such as average salary scales of the person’s position in the field (industry), of the foreign country where the person earned their salary, or of the state where the person earned their salary in the United States can be submitted.
Documents that show the organizational justifications to pay above the compensation data can be submitted.

CONCLUSION (TLDR)

The overall emphasis on the documents and requirements/criteria of an O1A visa petition is that the person’s caliber at a national or international level must be shown. For example, the requirement that the person must have sustained national or international acclaim or the criterion that requires scholarly articles to have been published in journals that have national or international circulation.

The requirements for an O1A visa petition are extensive and while ticking the boxes of requirements sounds simple enough, figuring out what items should be included and strategizing how the petition is presented is not. It is common practice and strongly encouraged to obtain an attorney for employment-based nonimmigrant visa petitions.

Alternatives to the O1A Visa Petition

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 H1b visa petition (Australians can file for E-3 visa petitions) or TN visa petition (for Canadian or Mexicans) to work in the United States. For certain people in the field of business, the alternatives to the O1A visa petition would be to file an L1A visa petition for managers or executives of multinational companies, an L1B visa petition for employees with specialized knowledge of multinational companies that they work for, or an E1 (Treaty Trader) visa petition or an E2 (Treaty Investor) visa petition for business owners or investors. The alternative to an O1A visa for athletes would be to file a P1A visa petition (Internationally Recognized Athlete).

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. Typically, a person who is qualifiable for an O1A visa would choose to file for an EB1 green card due to the similarities of the standards and requirements between the two visas. For more on green cards gained through work, please read the overview for employment-based green cards.

O1A Visa Transitioning into an EB1 Green Card

The main difference between a green card and a temporary work visa (such as an H1B visa, L1 visa, O1 visa, P1 visa, TN visa, E3 visa) is that a green card holder can freely change jobs among different employers without needing additional filings or approvals from the U.S. government. 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.

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. 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. Another close alternative would be the EB2 green card petitions under the Schedule A, Group II exceptional ability.

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. 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.

Unlike most employment-based visas (such as the O1A visa), the EB1a (Alien of Extraordinary Ability) green card can be self-sponsored (where the person can pay and start the green card petition by themselves) and does not need to be tied to a specific sponsoring U.S. employer.

Furthermore, a person can qualify for an employment-based green card no matter where they are currently residing in the world. There is no pre-requisite as to the person being in some type of nonimmigrant visa status (such as an O1A visa) or having an educational degree from a U.S. school. 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 employment-based green card. Thus, even if a person is not in an O1A visa status yet but does have the qualifications for an O1A visa, they can alternatively choose to file for an EB1 green card petition instead.

HAVE A O1A VISA IMMIGRATION QUESTION? CONTACT US

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. We will do our best to respond within 48 hours.

How we can help?

Kylie Huang Law’s immigration attorney will help identify whether the O1A visa is the appropriate nonimmigrant visa category for the client’s (or the client’s beneficiary’s) professional background and if there are other visa options for the client (or the client’s beneficiary). We will work closely with our client to prepare a convincing case for their (or it’s) O1A visa petition and we will also strategize on how the O1A visa petition should be presented to achieve the best chances of approval. It is strongly advised and common practice to retain an immigration attorney for an O1A work visa petition due to the complexities in the immigration process and visa requirements.

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