O-1A Extraordinary Ability in Sciences, Education, Business, or Athletics
The O-1A nonimmigrant classification is for individuals who possess extraordinary ability in the sciences, education, business, or athletics, which has been demonstrated by sustained national or international acclaim. Extraordinary ability in these fields means a level of expertise indicating that the person is one of the small percentage who have arisen to the very top of the field of endeavor.
Extraordinary ability in the sciences, education, business, or athletics, demonstrated by sustained national or international acclaim
Achievements have been recognized in the field through extensive documentation
Coming to the United States to continue work in the area of extraordinary ability
Written advisory opinion from a peer group or person with expertise in the beneficiary's field
Written contract or summary of oral agreement with petitioner
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Regulatory Criteria
Criterion 1: Nationally or Internationally Recognized Prizes or Awards
Documentation of the beneficiary's receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor.
Examples
Awards from well-known national institutions and well-known professional associations
Certain doctoral dissertation awards and scholarships
Certain awards recognizing presentations at nationally or internationally recognized conferences
Team awards where the beneficiary is a named recipient
Criterion 2: Membership in Associations Requiring Outstanding Achievements
Documentation of the beneficiary'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.
Examples
Membership in certain professional associations (e.g., IEEE Fellow)
Fellowships with certain organizations or institutions (e.g., AAAI Fellow)
Membership judged by recognized national or international experts
Membership requiring accomplishments that contributed importantly to the field
Criterion 3: Published Material About the Beneficiary
Published material in professional or major trade publications or major media about the beneficiary, relating to the beneficiary's work in the field for which classification is sought. This evidence must include the title, date, and author of such published material.
Examples
Professional or major print publications (newspaper articles, journal articles, books)
Professional or major online publications about the beneficiary's work
Transcript of professional or major audio or video coverage
Material with substantial discussion of the beneficiary's work (not just brief citations)
Criterion 4: Judging the Work of Others
Evidence of the beneficiary's participation on a panel, or individually, as a judge of the work of others in the same or in an allied field of specialization for which classification is sought.
Examples
Reviewer of abstracts or papers submitted for presentation at scholarly conferences
Peer reviewer for scholarly publications
Member of doctoral dissertation committees
Peer reviewer for government research funding programs
Criterion 5: Original Contributions of Major Significance
Evidence of the beneficiary's original scientific, scholarly, or business-related contributions of major significance in the field.
Examples
Published materials about the significance of the beneficiary's original work
Testimonials, letters, and affidavits about the work's significance
Documentation of citations at a level indicative of major significance
Patents or licenses deriving from the work; commercial use of innovations
Letter from interested government agency explaining the significance
Criterion 6: Authorship of Scholarly Articles
Evidence of the beneficiary's authorship of scholarly articles in the field, in professional journals, or other major media.
Examples
Publications in professionally-relevant journals
Published conference presentations at nationally or internationally recognized conferences
Scholarly articles that report on original research, experimentation, or philosophical discourse
Peer-reviewed work with footnotes, endnotes, or bibliography
Criterion 7: Employment in Critical or Essential Capacity
Evidence that the beneficiary has been employed in a critical or essential capacity for organizations and establishments that have a distinguished reputation.
Examples
Faculty or research position for a distinguished academic department or program
Research position for a distinguished non-academic institution, government entity, or company
Principal or named investigator for grants such as SBIR
Founder or co-founder of a startup with distinguished reputation
Critical supporting role for distinguished organization
Criterion 8: High Salary or Remuneration
Evidence that the beneficiary has either commanded a high salary or will command a high salary or other remuneration for services as evidenced by contracts or other reliable evidence.
Examples
Contracts or job offers showing high salary relative to others in the field
Wage survey data demonstrating compensation above typical for the field
Evidence of past high compensation for services
Comparison to Bureau of Labor Statistics occupational wage data
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Application Process
Advisory Opinion
Obtain written advisory opinion from a U.S. peer group or expert in the beneficiary's field.
Documentation
Compile evidence of major award OR at least 3 of the 8 evidentiary criteria.
Contract
Prepare written contract or summary of oral agreement for the employment.
I-129 Filing
Employer or agent files Form I-129 with USCIS.
USCIS Adjudication
USCIS evaluates whether criteria are met and makes totality determination.
Visa/Admission
If abroad, apply for O-1A visa at consulate; seek admission at port of entry.
Employment Begins
Begin work in the area of extraordinary ability.
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Key Benefits
Initial stay of up to 3 years
Extensions available in 1-year increments
O-3 dependent status for spouse and unmarried children under 21
May work for more than one employer with separate petitions
Premium Processing available
Dual intent permitted - can pursue permanent residency
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Documents Needed
Valid Passport
Form I-129 Petition
Written advisory opinion from peer group or expert
Written contract or summary of oral agreement
Evidence of major award OR at least 3 of the 8 criteria
Itinerary of events or activities (if multiple locations)
Explanation of the nature of events and beginning/ending dates
CV/Resume documenting achievements
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Frequently Asked Questions
What is 'extraordinary ability' for O-1A?
In the field of science, education, business, or athletics, extraordinary ability means a level of expertise indicating that the person is one of the small percentage who have arisen to the very top of the field of endeavor. The beneficiary must have sustained national or international acclaim.
What evidence do I need?
You need evidence of either a major internationally recognized award (such as the Nobel Prize) OR evidence satisfying at least 3 of the 8 evidentiary criteria. USCIS then evaluates the totality of evidence to determine if you meet the extraordinary ability standard.
What is a 'totality determination'?
Satisfying the evidentiary criteria alone does not establish eligibility. USCIS evaluates the totality of all evidence to determine whether the beneficiary has sustained national or international acclaim and is one of the small percentage at the very top of the field.
What is the advisory opinion requirement?
The petitioner must provide a consultation in the form of an advisory opinion from a U.S. peer group in the area of the beneficiary's ability (which may include a labor organization) or a person with expertise in the beneficiary's field. The opinion should describe the beneficiary's ability and achievements.
Can I change employers on O-1A?
An O-1 beneficiary may work for more than one employer at the same time. However, each employer must file a separate petition with required documentation and fees, unless an established agent files the petition.
How long can I stay in O-1A status?
You may be admitted for an initial period of up to 3 years. Extensions are available in 1-year increments for the time necessary to complete the event or activity.
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Fees
Attorney Fee for I-129
$5,400 (Initial $2,900; Monthly $1,250)
USCIS Fee for I-129
$1,055/$530
Premium Processing (optional)
$2,805
Attorney Fee for DS-160
$500 per Person
Embassy Fee per Person
$205
Fees are estimates and may change. Contact us for a quote for your specific case.
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