O-1A Extraordinary Ability in science, education, business and athletics
The O-1A Extraordinary Ability visa is a popular immigration option, which allows US companies to recruit foreign workers who meet the US government’s definition of being “extraordinary.”
The O-1A visa is also one of several ways for a non-citizen entrepreneur to open a US company and come to the United States to operate it. The beneficiary of an O-1A visa may also legally be the owner of the US company that sponsors their visa.
The beneficiary of an O-1A visa can work in “science, education, business or athletics,” which in practice encompasses virtually any field outside the arts. For individuals with extraordinary ability in the arts one should consider the O-1B visa.
Advantages of the O-1A when compared to other temporary work visas include
No numerical limit – Other visas, such as the popular H-1b, have an annual limit, unless one meets one of the legal exceptions (referred to as being “cap exempt”)
No degree requirement
No renewal limit – This is a huge advantage to the O-1A. Once approved, a beneficiary can renew their O-1A as many times as their petitioner desires. Other visas such as the H-1b, L-1, P and R visas have prescribed validity periods.
No requirement to first try to recruit US workers – For example, the H-2B visa requires a test of the labor market to determine if there are willing and qualified US workers to accept the position, where the O-1A does not.
The O-1A also has the advantage of allowing substantial flexibility in work arrangements. For example, an O-1A beneficiary can be a traditional salaried employee, they can work on a commission-based model where they are paid based on sales or projects completed or they can be a sponsored athlete, among many other possible arrangements.
Requirements to qualify for an O-1A
Though the O-1A has many advantages, the beneficiary must be extremely qualified and meet the government’s definition of being “extraordinary.” To do so, they must meet at least 3 of the following 8 criteria.
Documentation of the beneficiary's receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
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;
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, which must include the title, date, and author of such published material, and any necessary translation;
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;
Evidence of the beneficiary's original scientific, scholarly, or business-related contributions of major significance in the field;
Evidence of the beneficiary's authorship of scholarly articles in the field, in professional journals, or other major media;
Evidence that the beneficiary has been employed in a critical or essential capacity for organizations and establishments that have a distinguished reputation; or
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.
Several of these criteria have discretionary aspects, and their interpretation can differ significantly from officer to officer. Therefore, the guidance of an experienced attorney who has handled many such cases can significantly increase an applicant’s of approval.
How can one obtain permanent residency (Green card), after obtaining an O-1A?
Three of the most common paths to obtaining permanent residency after while on O-1A status include:
EB-1A Extraordinary ability visa [Read the page] –
the requirements of the O-1A temporary work visa and EB-1A green card are extremely similar. In fact, 7 of the criteria that the two processes have in common are identical. In practice, however, the standards applied by immigration officers in the EB-1A context is noticeably higher in most cases.
EB-2 National Interest Waiver [Learn More] –
Individuals who have obtained an O-1A visa in a field of business, education, or especially a science, engineering, technology or mathematics (“STEM”) fields will very often have a winnable EB-2 National Interest Waiver case.
Labor Certification (EB-2 or EB-3) -
If a US employer wishes to file a petition for permanent residence for their O-1A employee, a labor certification is an option to consider. This process requires a US employer to test the labor market and conduct recruitment to first ensure that there are no qualified and willing U.S. workers ready to accept the job offer.
Though the above possibilities may be considered, any family or employment based green card process can lead to permanent residence, assuming that the beneficiary and petitioner meet all of the requirements.
Any questions?
Get in contact with us to discuss the possibility of an O-1A visa.
Get in contact with us to discuss the possibility of an O-1A visa.
If you are U.S. employer seeking to hire an extraordinary foreign worker, or a non-citizen of extraordinary ability looking to come to the United States as an entrepreneur, please contact our law firm for a consultation.
We guarantee each potential client a thorough and honest evaluation of their chances of success. If O-1A is not a viable option, we will also explore alternative immigration options.
Contact Patriot Immigration Law Group today for a consultation.