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O-1A visa — extraordinary ability in the sciences, business, education or athletics

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The O-1A is a temporary U.S. work visa for people who can document that they are among the small percentage who have risen to the very top of their field. It is not a lottery and has no annual cap. Eligibility is shown with evidence: either a major internationally recognized award, or at least three of eight types of evidence listed in the regulations.

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Who it is for

Founders, engineers, researchers, executives, physicians, athletes and other professionals in the sciences, education, business or athletics whose work has been recognized nationally or internationally. Artists and people in film and television use the O-1B instead.

What the regulations require

Under 8 C.F.R. § 214.2(o)(3)(iii), the petition must show either receipt of a major, internationally recognized award (such as a Nobel Prize), or at least three of the following:

If these criteria do not readily apply to the occupation, comparable evidence may be submitted. Meeting three criteria is not enough by itself: USCIS also weighs the evidence as a whole.

How the process generally works

  1. A U.S. employer, or a U.S. agent, files Form I-129 with the O supplement. A person cannot file an O-1 petition for themselves.
  2. The petition generally includes a written advisory opinion (consultation) from a peer group or labor or management organization in the field, the contracts or terms of the work, and an itinerary where there are several engagements.
  3. USCIS decides the petition. Premium processing is available for an additional government fee.
  4. If approved, a person abroad applies for the visa at a U.S. consulate; a person already in the U.S. in another status may be able to change status.

How long it lasts

An O-1 petition may be approved for the time needed for the event or activity, up to three years (8 C.F.R. § 214.2(o)(6)(iii)). Extensions are granted in increments of up to one year to continue or complete the same activity. A spouse and children under 21 may accompany in O-3 status, which does not allow work.

Questions and answers

Can I file an O-1A petition myself?

No. The petitioner must be a U.S. employer or a U.S. agent, which may act for a foreign employer or for several employers. The person can, however, own the company that petitions, if the company is a real U.S. employer.

Is there a minimum number of awards or publications?

No number is set. The regulations require at least three types of evidence, or one major internationally recognized award, and USCIS then asks whether the evidence as a whole shows recognition at the very top of the field.

Can an O-1A lead to a green card?

The O-1A is temporary, but its evidence overlaps with the EB-1A green card criteria, so some people file an EB-1A petition later. Whether that path fits depends on the individual record.

Sources

Related categories

This page is general information about U.S. immigration law, not legal advice. Requirements and procedures change, and whether a category fits depends on the facts of each case. Government filing fees are separate and are set by the agencies.

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