EXTRAORDINARY ABILITIES IN FIELDS SUCH AS BUSINESS, ATHLETICS, EDUCATION, AND SCIENCE. SCIENCE.





O1A VISA
EXTRAORDINARY ABILITIES IN FIELDS SUCH AS BUSINESS, ATHLETICS, EDUCATION, AND SCIENCE

The O‑1A visa is designed for international professionals who demonstrate extraordinary talent in areas such as business, education, science, and athletics, and who wish to work temporarily in the United States. To apply, you must have a petitioner file the petition on your behalf, as self-petitioning is not allowed. In addition, your petitioner must submit documented proof of your exceptional achievements—typically with the help of an attorney—to show that you meet the rigorous standards required for this visa.




WHAT ARE THE REQUIREMENTS?

The O‑1A visa is governed by very strict eligibility standards. To begin with, you must have a current job or a valid job offer associated with your application. Additionally, you need to demonstrate that you possess extraordinary ability in fields such as science, business, education, or athletics, and you must clearly satisfy all the O‑1A requirements.

If you have earned an award comparable to a Nobel Prize or an Olympic medal, you automatically qualify for the O‑1A visa category.



However, if you have not received such a major award, you must satisfy at least three of the eight USCIS criteria. These include:


2. Associations – Official Statute: “Documentation of the alien’s membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields.” (8 CFR 214.2(O)(3)(iii)(B)(2))

4. Judge – Official Statute: “Evidence of the alien’s participation on a panel, or individually, as a judge of the work of others in the same or an allied field of specialization to that for which classification is sought.” (8 CFR 214.2(O)(3)(iii)(B)(4))

5. Contributions – Official Statute: “Evidence of the alien’s original scientific, scholarly, or business-related contributions of major significance in the field.” (8 CFR 214.2(O)(3)(iii)(B)(5))

6. Authorship – Official Statute: “Evidence of the alien’s authorship of scholarly articles in the field, in professional journals, or other major media.” (8 CFR 214.2(O)(3)(iii)(B)(6))

7. Organizations – Official Statute: “Evidence that the alien has been employed in a critical or essential capacity for organizations and establishments that have a distinguished reputation.” (8 CFR 214.2(O)(3)(iii)(B)(7))

Salary – Official Statute: “Evidence that the alien has either commanded a high salary or will command a high salary or other remuneration for services, evidenced by contracts or other reliable evidence.” (8 CFR 214.2(O)(3)(iii)(B)(8))

Each of these criteria is distinct; we recommend clicking on the links to review each one in detail. Although some criteria may overlap slightly in content, each serves its own unique purpose.



The following is a sample list of documents you might include with your O‑1A petition. This list is not exhaustive—consult with an attorney to determine the precise documentation required for your case. Additional evidence may be necessary based on your individual circumstances:

1. Copy of the Passport Identification Page;

2. Copy of the U.S. Visa Identification Page (if applicable);

3. Copy of the I‑94 Arrival/Departure Record (if applicable);

4. Originals of I‑20’s or DS‑2019’s for F‑1, M‑1, and J‑1 visa holders (if applicable);

5. A detailed Resume or Curriculum Vitae (CV);

RECOMMENDED EVIDENCE

1. Affidavits, agreements, awards, and similar documents that detail the nature of your achievements, signed by the head of the institution, company, or organization where you previously worked;

2. Affidavits from current or former employers or recognized experts that verify your exceptional ability and the recognition you have received;

3. Evidence that demonstrates the position you held (or will hold) necessitates the services of someone with your level of extraordinary ability or achievement;

4. Documented proof that your work primarily involved a scientific or educational project, conference, convention, lecture, or exhibit that was sponsored by reputable scientific or educational organizations;

5. Documented proof that the services performed (or to be performed) constitute a business project suited for an extraordinary executive, manager, or highly technical professional due to the project’s complexity.

HOW TO APPLY FOR THE O1A VISA?

During the O‑1A visa application process, both you and your petitioner must complete several steps to ensure that all required evidence is submitted to USCIS. The process begins with finding a petitioner, as no O‑1A visa application can be filed without one.

Once you have secured a petitioner, they must file Form I‑129, Petition for Nonimmigrant Workers, along with all the supporting documentation that demonstrates your extraordinary abilities and proves that you meet the O‑1A requirements. It is essential that this petition is submitted at least 45 days before your employment starts. The filing fee for the visa is $460, which must be paid at the time of submission. USCIS will then review your case within a period of 2 to 6 weeks and send your petitioner an approval or denial notice in the form of Form I‑797, Notice of Action. After USCIS approves the petition, the petitioner has fulfilled their role, and you can proceed with the remainder of the application process.

FILE FORM DS-160

Form DS-160 is an online application required for all nonimmigrant visa applicants. This form asks for your personal and background details, as well as your reasons and intentions for visiting the United States. It also includes screening questions designed to assess your eligibility for the visa you are applying for. After you complete and submit the form, you will receive a confirmation page along with a confirmation code, which you will need later in the application process.

PAY THE VISA FEE

The application fee for the O‑1A visa is $190. This fee, along with any additional applicable fees, must be paid to the embassy in your country. Once you have completed your payment, you may proceed with your application, and you will need to present a receipt as proof of payment to the embassy officer.

SCHEDULE A VISA INTERVIEW

Next, you must book your interview at the Embassy in your home country. Once your appointment is scheduled, you will receive an interview confirmation letter, which you must bring with you on the day of your interview. In addition, you should prepare a complete file containing all the necessary documents to support your case. This file should include:

1. A valid passport

2. A photograph that meets the specified Photo Requirements

3. The confirmation code from Form DS‑160

4. Your visa interview confirmation letter

5. Receipts showing that all required fees have been paid

6. Form I‑797, Notice of Action

7. Proof of employment in the U.S. (such as an employer letter or a contract)

8. Documentation demonstrating your extraordinary abilities (the same evidence provided to USCIS by your employer)

9. If you plan to bring your family, proof of your relationship to them (e.g., a marriage certificate for your spouse and birth certificates for your children).

ATTEND YOUR INTERVIEW

On the day of your interview at the U.S. Embassy, be sure to bring all required documents. During the interview, you will be asked about your background and your plans for working in the United States. This step is crucial, so be prepared to answer all questions accurately.

HOW LONG IS THE O‑1A VISA VALID?

The initial period for which the O‑1A visa is granted is three years. During this time, you are permitted to work in the U.S. and travel in and out as needed. Just ensure that you have your Form I‑94 with you, which is necessary for reentry into the country.

CAN I GET A GREEN CARD WITH AN O‑1A VISA?

It is indeed possible to transition from an O‑1A visa to a Green Card. Since you have already demonstrated extraordinary abilities to qualify for an O‑1A visa, you may be eligible for a Green Card under the EB‑1 category, which is reserved for individuals with high achievements in their fields. Pursuing this option can significantly increase your chances of obtaining permanent residency in the United States.

CAN I BRING MY DEPENDENTS WITH AN O‑1A VISA?

Yes, you can bring your dependents with you when you are on an O‑1A visa. Dependents—specifically your spouse and unmarried children under the age of 21—are eligible to apply for an O‑3 visa. While on an O‑3 visa, they are allowed to study either full-time or part-time; however, they are not permitted to work. Moreover, if your O‑1A visa is extended, your dependents must also apply for corresponding extensions. Additionally, if you eventually secure a Green Card, your dependents will benefit from that status as well.

If you need further assistance or have questions about the process, please feel free to contact us at info@ealglobalservices.com.