Step-by-step guide to the O-1A visa to the US
(+ Download a free O-1A US visa template)
A little bit of an unusual post but I had so may people reach out asking me questions about immigrating to the US so I thought I would share my knowledge with the rest of you. Maybe one of you, or someone you know, is going through this process right now (or are about to) and could use some help. Please help me share this with them.
Paying it forward
Having been through 6 different visas in the US I know a thing or two about how frustrating of a process it can be. I wanted to take this opportunity to pay it forward to people who are about to go through the US immigration process.
I have lost count of the hours and money I have spent through various visa processes. But the good thing is that I have developed an unhealthy expertise of the US immigration industry.
There seems to be no greater cause of anxiety and stress among people than that of visa related issues. I have seen family’s being pulled apart and had to leave the country within 60 days. I have been in your situation and this is a way for me to pay it forward.
Today the focus will be on the O-1A visa to the US.
Now lets get into it…
What is the O-1A visa?
The O-1A visa is a type of work visa that is designed for individuals with extraordinary abilities or achievements. It allows people who have shown exceptional skill or expertise in areas such as the arts, sciences, business, education, athletics, or the motion picture and TV industry to temporarily work and live in the U.S. The O-1A visa duration is for up to 3 years and can lead to permanent residency – yes, we’re talking about O-1A visa to Green Card!
“More than 19,000 Extraordinary ability O-1A visas were issued in 2023 alone by the USCIS with an average approval rate over 95%” -
Why is it great?
O-1A is a great visa to enter the US on for a few reasons:
It’s flexible. There are a variety of professions you can be in to qualify for an O-1A visa
No limits! There are no limits or caps to the number of O-1A visas handed out by the USCIS
No lottery. Unlike H1B visa, there is no lottery process or annual caps
No U.S. Investment Required. While other visas might demand a financial commitment (looking at you, E2 visa), the O-1A visa requirements don’t call for an investment
Stay as long as you want. So long as you continue working in your field, there is no limit to the amount of time you can spend in the U.S. per year. You can travel freely in and out!
Green Card Potential. Going from O-1A visa to EB1 green card is a very viable path forward for many immigrants and a common case for our lawyers.
With all these O-1A visa benefits, it's no wonder people from various professions apply for the O-1A visa to turn their U.S. work dreams into a reality.
What are the O-1A visa requirements?
To qualify for the O-1A visa, you will need to meet at least 3 of the 8 different O-1A visa requirements. These include:
Awards or Prizes: Evidence of receipt of nationally or internationally recognized prizes or awards for excellence in their field.
Membership in Associations: Membership in associations in the field that require outstanding achievements of their members, as judged by recognized national or international experts.
Published Material: Published material in professional or major trade publications, or major media, about the applicant’s work in the field.
Judging the Work of Others: Evidence that the applicant has been asked to judge the work of others, either individually or as part of a panel, in the same or a related field.
Original Contributions: Evidence of the applicant’s original scientific, scholarly, or business-related contributions of major significance to the field.
Authorship: Authorship of scholarly articles in professional journals or other major media in the field.
Leading or Critical Role: Evidence that the applicant has been employed in a critical or essential capacity for organizations or establishments that have a distinguished reputation.
High Salary or Remuneration: Evidence that the applicant has commanded a high salary or other remuneration for services, which demonstrates their extraordinary ability compared to others in the field.
Reference Letters
In most application you need to get experts within your field to provide a letter to highlight you and your work as being exceptional and having contributed to the field.
The number of letters required will depend on how strong the case is, but generally will vary between 2-8 letters per petition. 3-5 letters is common. A paralegal will draft the letters and share with the beneficiary for review/to add in additional detail.
Once letters have been finalized, they are sent to the referees for signature.
If you need help with reference letter I can help you draft and finalize them - reach out to me directly
How does the O-1A compare to the EB1A (Green Card)?
While they both appeal to applicants with extraordinary ability there are some core differences. Below you can see a comparison between the O-1A and EB1A (Green Card):
How long does it take to create and submit an O-1A petition?
O-1A visa applications can be lengthy - sometimes +1000 pages. The exact timing will depend on your specific case and how organized and structured your evidence is.
At a minimum I would expect the end-to-end process to take 12 weeks and often the average time is around 16 weeks before the petition is ready to be filed to the USCIS or a local consulate.
What does the O-1A timeline look like AFTER you have submitted?
Under standard process, it takes about 2 months after submitting an O-1A visa application to get a USCIS decision and approximately 15 days to get a decision under premium O-1A visa processing.
If you’re outside of the US, you’ll also need to set up an appointment at a consulate to get the visa stamp in your passport before you can travel. The timing for this will depend on where you apply, since different locations have different appointment availability.
DISCLAIMER: I am not a lawyer, so please consult an immigration lawyer for your specific need!