Frequently Asked Questions About the O-1A Visa

The outcome of an O-1A filing does not depend solely on a number of criteria or resume length. The evidence must actually meet the relevant criteria, demonstrate the overall standard of achievement, and be associated with employment in the United States. The following questions explain these distinctions. ¹

Is meeting three criteria enough for approval?

Providing appropriate evidence regarding three criteria is an important threshold; but it is not automatic approval. The quality of the documentation and the total record demonstrating a standard of extraordinary ability are evaluated. Putting different tags in the same document or filling each heading superficially should not be considered sufficient. ¹

Is it compulsory to do a doctorate or become a professor?

No. O-1A covers the fields of science, education, business, and sports; There is no doctorate requirement for every candidate. A diploma alone does not prove extraordinary talent. Achievements in one's field should be evaluated according to relevant criteria and general standards. ¹

Can I apply if I don't have a major international award?

In addition to the award with major international recognition, the regulation also provides for evidence that meets at least three of eight criteria. Therefore, the absence of a single grand prize is not an automatic bar. Which criteria can actually be supported should be examined separately. ¹

Does it make me eligible for my company to receive investment?

Investment or company success may explain the context of some evidence; but it does not automatically prove a person's extraordinary ability. Conditions for personal role, original contribution, recognition and relevant criteria must be demonstrated. The company's success should be distinguished from the applicant's own success. ¹

Can my own company file an O-1A for me?

An eligible US company with separate legal existence may be considered in the applicant role. However, a person cannot submit direct self-petition on his or her own behalf. The company's actual business, contract, applicant's obligations, and other O-1A conditions must be shown. Just establishing a company is not enough. ¹

Can I work in any job I want with Agent?

No. The agent structure can cover specific jobs or projects with appropriate documentation. Contracts, employers and work schedules are important. A new or change petition may be required for a new employer or major change. Agent approval is not a general and unlimited work permit. ¹

Can I start working immediately after changing employers?

O-1 requires appropriate petition for new employer. Certain portability rules in the H-1B do not apply to the O-1. The approved scope of new work and the start time of work should also be checked. Just because the old O-1 approval is valid does not automatically authorize you to work for the new employer. ¹

Why is an advisory opinion requested?

An opinion from the relevant peer group or appropriate body is a general condition of O applications; There may be certain exceptions. This document is different from the job offer and the lawyer's legal statement. A positive opinion alone is not USCIS approval; The entire file is examined. ¹

How old is the first O-1A?

Approval may be granted for the period required by the relevant activity or study for a maximum of three years. Extensions for the continuation of the same job are generally evaluated for one-year periods. Not every application is given an automatic three years. The duration of the work plan must be supported by documentation. ¹

Can my spouse work with O-3?

O-3 status does not provide authority to practice on its own. Eligible spouses and children may be considered for family status, but the principal's O-1 employment rights do not automatically transfer to the family. There must also be an appropriate means of authority or status for the spouse to work. ¹²

If I have O-1A approval, will EB-1A be issued for sure?

No. EB-1A is a separate immigration category. Even if the evidence is similar, the criteria and overall evaluation are independent. O-1A is the temporary employment pathway, EB-1A is the permanent residence pathway. Additionally, the EB-1A self-petition opportunity and the O-1A applicant structure are different from each other. ³¹

Premium processing 15 calendar days?

The period for an appropriate O petition is 15 business days. This is not the exact approval period, but the time for USCIS to take the relevant action. Consulate appointments, visa issuance and travel are excluded from this calendar. Current fees and eligibility requirements should also be checked. ⁴