An O-1A visa requires a U.S. employer or agent to sponsor you. You cannot self-petition. The petition must include a consultation from a peer group or labor organization in your field, and you need to show that you’re coming to the U.S. to continue work in your area of expertise. The visa is initially granted for up to three years and can be extended indefinitely in one-year increments, as long as you continue working in your field. Unlike some other work visas, there’s no annual cap on O-1A visas.
Top Benefits of the O-1A Visa
O-1A petitions can be filed at any time of the year, and the USCIS does not limit the number approved annually.
Unlike some other non-immigrant visas, no labor condition application (wage attestation) is needed.
The O-1A explicitly permits seeking a green card simultaneously. (Holders often transition to EB-1A if eligible.)
USCIS grants up to 3 years initially, with extensions in 1-year increments as needed. No maximum total stay is set.
Spouse and children (O-3) can live in the U.S. during the visa term (though they may not work)
Things to Keep in Mind
The extraordinary ability bar is high. Petitions must document top-tier achievements.
A new O-1A petition is required for each employer or major change of role. Transfers or multiple jobs take time (and evidence) to process.
O-3 dependents cannot work in the U.S.
Extensions are typically only one year each, meaning repeated filings to maintain status.
Has extraordinary ability in the sciences, education, business, or athletics, which has been demonstrated by sustained national or international acclaim
You are required to satisfy at least 3 of the 8 criteria.
Lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor.
Membership in associations that demand outstanding achievement as judged by recognized national or international experts.
Published material about you and your work in professional or major trade publications or other major media
Participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specification
Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field
Authorship of scholarly articles in the field, in professional or major trade publications or other major media
You’ve performed in a leading or critical role for organizations that have a distinguished reputation.
If you have questions regarding this O-1A process, you can schedule a call with us to get a proper assessment of your profile, have your specific questions answered and have a clear knowledge on what it takes to must meet the specific USCIS eligibility requirements.
