An O-1A visa grants nonimmigrant status to individuals with extraordinary ability in the sciences, business, education, or athletics, who have been recognized for their achievements in their field and who wish to continue their work within that field in the United States. Establishing you are a person of extraordinary ability is not an easy feat. To evaluate whether you are a person of extraordinary ability, USCIS considers several factors.
What is “Extraordinary Ability” in the Sciences, Education, Business, or Athletics?
A person of extraordinary ability in the sciences, education, business, or athletics is someone considered to be one of the small percentage of people at the very top of their field. Establishing this requires evidence that you have received a major internationally recognized award in your field (example: Nobel Prize) OR that you satisfy at least three (3) of the following criteria:
- You are the recipient of a nationally or internationally recognized prize or award for excellence in your field[1];
- You are a member of an association within your field and membership requires outstanding achievement, as determined by recognized national or international experts in the field;
- There are publications about you in relation to your work in the field that have been made in major trade publications or major media;
- You have participated in panels or as an individual judge of the work of others in your field;
- You made original scientific, scholarly, or business-related contributions of major significance to your field;
- You published scholarly articles in your field in professional journals or major media or you published conference presentations at nationally or internationally recognized conferences;
- You have been employed in a leading or critical role for a distinguished organization or establishment; or
- You received or will receive a high salary or other compensation for their services within their field.
The government requires substantial documentary evidence to meet each of these criteria. These criteria are not applicable to all occupations, in which case USCIS may consider comparable evidence.
Who Can Petition
Beneficiaries cannot file a petition for O-1A visa status for themselves. The Beneficiary’s employer, the U.S. agent of the employer, or the U.S. agent of both the employer and Beneficiary must file the petition. However, USCIS recently clarified that a separate legal entity owned by the Beneficiary may file the petition on the Beneficiary’s behalf making O-1 status an option for self-employed individuals.
Seek Legal Counsel
Establishing that you are a person of extraordinary ability poses a high evidentiary burden, and specific documentary requirements will vary depending on each individual’s unique experiences, field, and occupation. If you believe you may be a person of extraordinary ability and your employer wants to learn more about the O-1A visa petition process, please consult with our experienced legal team to evaluate your specific circumstances and your employer’s goals.
[1] While a major internationally recognized award such as a Nobel Prize can establish extraordinary ability on its own, other, lesser, nationally or internationally recognized prizes or awards cannot. These lesser known or less prestigious awards can still serve as evidence of extraordinary ability when presented with evidence of at least two more of the listed criteria.