Air Plus Logo

O Visas

What Is an O-1 a Visa?

The O-1A nonimmigrant visa is granted to individuals who possess extraordinary ability in the fields of sciences, education, business, or athletics.This visa enables a foreign national to work temporarily in the U.S., contributing their unique talents and expertise to a U.S. employer. 

Requirements for An Employer filing for An O-1 A

Submit a consultation with an appropriate peer group


Certain companies may be required to obtain an "independent evaluation" from agencies recognized by USCIS as qualified to assess the eligibility of a Beneficiary for O-1A status. At ImmiVisa, our team will guide you through this process with expertise and support.

Detail the nature and duration of the work to be performed


An employer must provide an employment offer letter or agency agreement to the prospective employee. Additionally, the employer should diligently prepare a comprehensive itinerary outlining the nature of work, location, and applicable dates for the O-1A worker's engagements.

Criteria for Demonstrating Extraordinary Ability

In order to demonstrate you have sustained national or international acclaim and that your achievements have been recognized in your field of expertise, you must either include evidence of a one-time achievement (major internationally-recognized award) or 3 of the 8 listed criteria below (or comparable evidence if any of the criteria do not readily apply):


  1. Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
  2. Evidence of your membership in associations in the field which demand outstanding achievement of their members
  3. Evidence of published material about you in professional or major trade publications or other major media
  4. Evidence that you have been asked to judge the work of others, either individually or on a panel in your field
  5. Evidence of your original scientific, scholarly, or business-related contributions of major significance to the field
  6. Evidence of your authorship of scholarly articles in professional publications or other major media
  7. Evidence of your performance of a leading or critical role in distinguished organizations
  8. Evidence that you have commanded or will command a high salary or other remuneration in relation to others in the field

What Evidence Should I Get?

As a part of our services (and upon initiating full re presentation), we will aid you in identifying and organizing documents that align with each regulatory criterion.

While it is beneficial to include an abundance of evidence, it is paramount to prioritize the quality of the evidence above all else.


CRITERIA #1 - NATIONAL/INTERNATIONAL PRIZES OR AWARDS

Examples:

Awards from national institutions or professional associations.

Such awards are often given to individuals who've demonstrated a high level of skill, expertise, or contribution in their field. Winning or being nominated for these awards can serve as a testament to the recipient's extraordinary ability.

Noteworthy Ph.D. scholarships or dissertation awards.

These honors recognize academic excellence and the potential for significant contribution to one's field of study.

Presentations at recognized conferences.

Being selected to present at a major conference indicates that the individual's work is seen as valuable and noteworthy by peers in the field.

Considerations When Evaluating Awards & Recognitions:

  1. Criteria for Granting the Award: What were the standards or requirements that the recipient had to meet to be considered and eventually chosen for the award? Were they rigorous and indicative of extraordinary ability?
  2. Significance of the Award: How well-known and prestigious is the award in the field? Does winning or being nominated bring significant recognition or elevate the status of the recipient?
  3. Number of Recipients: If an award is given to numerous individuals each year, it might not be as indicative of "extraordinary" ability as one that's highly selective.
  4. Limitations on Competitors: Were there any restrictions on who could apply or be nominated for the award? For instance, if only early-career professionals could compete, then the award might be viewed differently than one open to all, regardless of experience.


CRITERIA #2 - MEMBERSHIP IN ASSOCIATIONS

Professional Association Memberships:

This criteria refers to whether the foreign national is a part of groups or organizations that gather professionals from a specific field. Being a member, especially at higher tiers, can be an indicator of one's standing in the field.

Examples:

  • Membership in the American Medical Association (AMA) for doctors.
  • Being part of the National Society of Professional Engineers (NSPE) for engineers.

Fellowships with Renowned Organizations:

This means being selected for specialized programs, usually involving research or advanced study, by well-respected institutions. Securing a fellowship often signals exceptional ability or potential in one's domain.

Examples:

  • A medical fellowship at the Mayo Clinic.
  • An academic fellowship at Harvard University's Kennedy School.

Considerations When Evaluating Memberships & Fellowships:

Membership Level:

Not all members in a professional association hold the same rank or status. Higher tiers of membership often require more significant achievements or contributions, which can be more indicative of extraordinary ability.


Criteria Judged by National/International Experts:

This means the standards used to determine who gets to be a member or fellow were set by leading figures in the field.If these top experts believe an individual meets their high standards, it's a strong indicator of that person's capabilities and recognition.

  • For instance, if joining the top tier of a science association requires one's work to be vetted by a panel of internationally acclaimed scientists, then that membership level speaks volumes about the individual's contributions and standing in the field.

CRITERIA #3 - PUBLISHED MATERIAL ABOUT THE BENEFICIARY

Articles in Professional Publications:

Put simply, these are writings or research that the individual has contributed to industry-specific journals or magazines. Such publications can demonstrate the person's expertise and respect within their field.

Examples:

  • A research article in the "Journal of Medical Research."
  • A thought leadership piece in an engineering trade magazine.

Coverage in Major Print or Online Media:

This involves being featured or discussed in popular newspapers, magazines, or reputable online platforms. Being covered in such media suggests the individual's work or achievements have broad significance.

Examples:

  • A profile piece about the individual in "The New York Times."
  • An interview segment on a major news website discussing the person's latest groundbreaking work.

Documentation Requirements:

To validate the above claims, one must provide:

  1. Title of the Publication or Coverage: This helps in identifying the exact piece of work or media feature.
  2. Date: This provides a timeline of when the work was published or the media coverage occurred.
  3. Author: Helps in determining the originality of the work or the credibility of the coverage.

CRITERIA #4 - JUDGING THE WORK OF OTHERS

Reviewing Abstracts or Scholarly Papers:

In layman's terms, this means being trusted to evaluate the quality and importance of academic or professional writings before they are presented or published. This responsibility suggests the individual holds significant expertise in their field.

Examples:

  • Being a reviewer for conference paper submissions.
  • Evaluating abstracts for a renowned science symposium.

Peer Reviewing for Journals:

This involves examining and critiquing articles submitted to academic or professional journals. Peer reviewers ensure the content is of high quality, accurate, and contributes meaningfully to the field.

Examples:

  • Reviewing articles for the "American Journal of Medicine."
  • Providing feedback for papers submitted to an industry-specific engineering journal.

Being Part of Academic Committees:

This refers to having a role in guiding, evaluating, or approving the research of Master’s/PhD candidates. Being on such committees signifies a high level of expertise and trust within academic circles.

Examples:

  • Serving on the committee overseeing a groundbreaking research thesis at a top-tier university.
  • Guiding doctoral students as a leading expert in a specialized field of study

CRITERIA #5 - SIGNIFICANT ORIGINAL CONTRIBUTIONS

Published Materials About Beneficiary’s Original Work:

In simple terms, this means that there are articles, books, or other publications discussing or referencing the unique contributions or innovations made by the individual. Such mentions highlight the impact and relevance of their work.

Examples:

  • An article in a science magazine discussing the beneficiary's breakthrough research.
  • A book chapter dedicated to exploring the methodology introduced by the individual.

Testimonials Regarding the Work:

These are personal accounts or endorsements from peers, experts, or significant figures in the field, praising or acknowledging the value and importance of the beneficiary's work.

Examples:

  • A letter from a leading industry expert expressing admiration for the beneficiary's pioneering techniques.
  • Written endorsements from colleagues or leaders in the field, acknowledging the transformative nature of the individual's contributions.

Work Citations or Patents Indicating Its Significance:

This suggests that the beneficiary's work is not only original but also influential. When others in the field frequently reference or build upon someone's work, or if their innovation is patented, it's a strong sign of its significance.

Examples:

  • Multiple academic papers referencing or building on the beneficiary's foundational research.
  • Patents secured for novel inventions or methodologies introduced by the beneficiary, which are being adopted or used in the industry.

CRITERIA #6 - AUTHORSHIP OF SCHOLARLY ARTICLES

Publications in Relevant Journals:

This regulatory criteria can be proven if we can show that the foreign national has written articles, research papers, or studies that have been accepted and published in well-regarded journals within their field. Such publications underscore the individual's expertise and contribution to the domain.

Examples:

  • An article exploring a new theory in the "Journal of Quantum Physics."
  • A research paper detailing innovative findings in the "International Journal of Biomedical Science."

Presentations at Major Conferences:

This refers to being invited or selected to share knowledge, research, or insights at significant gatherings of professionals and experts. Presenting at such platforms indicates the individual's work is of high interest and relevance to the wider community.

Examples:

  • Delivering a keynote speech at an international engineering symposium.
  • Presenting groundbreaking findings at a major medical conference attended by global experts.

CRITERIA #7 - LEADING/CRITICAL ROLE FOR DISTINGUISHED ORGANIZATIONS

Senior Roles in Reputable Academic or Non-Academic Institutions:

This criterion can be established if the foreign national has held high-ranking positions at respected educational institutions or in well-regarded private organizations. Ideally, the foreign national will possess evidence that their role or work product was outcome determinative or directly impacted the organization’s reputation or operations.

Examples:

  • Dean or Professor at a Distinguished Academic Institution
  • Director or Manager of Significant Operational Functions/Teams/Company

Principal Investigator Roles:

This denotes leading or driving research projects, often funded grants or institutional support. Being a principal investigator suggests the individual is at the forefront of their field and is entrusted with significant research responsibilities.

Examples:

  • Heading a major research project on climate change funded by a national grant.
  • Leading a team investigating novel medical treatments at a renowned healthcare research center.

CRITERIA #8 - HIGH SALARY OR REMUNERATION

Evidence from Tax Returns or Pay Statements:

Evidence of official documents that detail the individual's earnings, indicating they have been or are being compensated at a high level for their skills and expertise.

Examples:

  • Tax returns displaying significantly high income for the past several years.
  • Monthly pay statements reflecting a salary well above industry average.

Contracts or Job Offer Letters:

These are formal agreements or offers from employers that lay out the terms of employment, including compensation. They can be used to prove that the individual commands a high salary or other substantial benefits for their services.

Examples:

  • A contract from a leading tech company offering a top-tier salary package.
  • An employment offer letter from a renowned university detailing a lucrative compensation and benefits arrangement.

Comparative Wage Data for the Field:

This refers to data or statistics that show average earnings for specific roles or professions. By comparing the individual's earnings to this data, one can demonstrate that they are earning significantly more than their peers, highlighting their exceptional value in the field.

Examples:

  • A report showcasing average salaries for biomedical researchers, with the individual's earnings being in the top 5%.
  • Industry surveys indicating the standard compensation range for senior architects, with the beneficiary's pay well above the norm.

Duration of O-1 A Visa

Initial O-1A Visa Duration:

When first approved, the O-1A visa is typically granted for the time necessary to complete a specific event or activity for which the individual is coming to the U.S., up to a maximum of three years. This "event" can be a singular occurrence or a series of related activities. For instance, a scientist might be granted an O-1A visa to conduct a three-year research project.

 

O-1A Visa Renewal:

After the initial period, if the O-1A beneficiary wishes to extend their stay, they can apply for extensions in one-year increments. These extensions are granted based on the continuation or completion of the event or activity for which they were originally admitted.

 

No Maximum Limit on Extensions:

One of the advantages of the O-1A visa is that there's no cap on the number of extensions an individual can receive. As long as the beneficiary continues to meet the requirements and the event or series of activities is ongoing, they can potentially remain in the U.S. on an O-1A visa indefinitely.


However, it's essential to note that the intent of the O-1A visa is to allow the individual to work on specific events or activities. Beneficiaries should always maintain and provide evidence that their extraordinary abilities are still required for the duration of their stay in the U.S.

Share by: