O-1 Visa Criteria Breakdown

O-1 Visa Criteria Breakdown

O-1 Visa Criteria For O1A Visa & O1B Visa

When going throught the process of applying for an O-1 Visa, it can be extremly difficult especially for individuals who are busy with their career. In addition, being approved for an O-1 Visa can be as complicated as it can be simple, but please do not become overwhelmed, we are here to help.

There are two categories for the O-1 Visa, O-1A visa, and O-1B visa and in each category your profession can qualify, therfore, when applying for a O-1 Visa, you can either apply for an O-1A visa or an O-1B visa. The criteria in order to be approved for the O-1A visa and O-1B visa, are different, but they both share key similarities.

First, I would like to share that you can not apply for the O-1 Visa status without a O-1 Visa sponsor or petitioner. If there were a ‘grading sheet’ that the USCIS officers used to establish eligibility for an O-1 Visa, half would be centered on a sponsor. The best example I can give is Picasso, he would not be approved for an O-1 Visa without a Sponsor or Petitioner, and neither will anyone else.

Now that you have a Sponsor or Petitioner. Next, you need to show evidence of your talent. It is important to note, there can be some “escape” routes which if met, you don’t need to prove anything else. If the applicant is a recipient of a major internationally recognized award, such as the Nobel Prize, you don't need to meet any other criteria. [See 8 CFR 214.2( O) (3)( iii)( B)( 1), 8 CFR 214.2( O)( 3) (iv)( A)].

If you have not recieved an award, then you will need to prove your talent to the USCIS by meeting a series of criterias. Meeting the criteria's is all USCIS is interested in. Any information that does not meet these criteria's is a waste of time.

The criterias are different depending on whether you are applying for an O-1A Visa or O-1B Visa. To Find out more about which criterias exist, read our O-1 Visa criteria page- .

Remember, O-1B is in the Field of Arts, and O-1A is Field of Athletics, Business, Education, and Science.

 

 

O-1A Visa

 

To be approved for an O-1A Visa, you need to meet 3 criterias of the eight. The criterias are:

 

1. Awards- Full-Text Statute “Documentation of the alien's receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor.”

8 CFR 214.2( O)( 3)( iii)(B)( 1).

 

2. AssociationsFull-Text Statute “Documentation of the alien'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.”

8 CFR 214.2( O)( 3)( iii)( B)( 2).

 

3. News Media Full-Text Statute “Published material in professional or major trade publications or major media about the alien, relating to the alien's work in the field for which classification is sought, which shall include the title, date, and author of such published material, and any necessary translation.”

8 CFR 214.2( O)( 3)( iii)( B)( 3).

 

4. Judge Full-Text Statute “Evidence of the alien'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 to that for which classification is sought.”

8 CFR 214.2( O)( 3)( iii)( B)( 4).

 

5. Contributions- Full-Text Statute “Evidence of the alien's original scientific, scholarly, or business- related contributions of major significance in the field.”

8 CFR 214.2( O)( 3)( iii)( B)( 5).

 

6. Authorship - Full-Text Statute “Evidence of the alien's authorship of scholarly articles in the field, in professional journals, or other major media.”

8 CFR 214.2( O)( 3)( iii)( B)( 6).

 

7. OrganizationsFull-Text Statute “Evidence that the alien has been employed in a critical or essential capacity for organizations and establishments that have a distinguished reputation.”

 8CFR 214.2( O)( 3)( iii)( B)( 7).

 

8. SalaryFull-Text Statute “Evidence that the alien has either commanded a high salary or will command a high salary or other remuneration for services, evidenced by contracts or other reliable evidence.”

8CFR 214.2( O)( 3)( iii)( B)( 8).

 

*They are not too much of the same, so it is best to follow the links to look at each criteria break down one by one. When there are similarities, you are going to see a little repetition.

 

 

O-1B Visa

 

To be approved for an O-1B Visa, you need to have won an award or meet 3 of the 6 talent criterias. 

 

1. Awards  - Full-Text Statute "Has been nominated for or been the recipient of significant national or international awards or prizes such as an Academy Award, an Emmy, a Grammy, or a Directors Guild Award."

101(a)(15)(o) and 8 CFR § Sec. 214(o)

 

2. EventsFull-Text Statute “Evidence that the alien has performed, and will perform, services as a lead or starring participant in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications contracts, or endorsements.”

8 CFR 214.2( O)( 3)( iv)( B)( 1).

 

3. News MediaFull-Text Statute “Evidence that the alien has achieved national or international recognition for achievements evidenced by critical reviews or other published materials by or about the individual in major newspapers, trade journals, magazines, or other publications.”

8 CFR 214.2( O)( 3)( iv)( B)( 2).

 

4. Organizations- Full-Text Statute “Evidence that the alien has performed, and will perform, in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation evidenced by articles in newspapers, trade journals, publications, or testimonials.”

8 CFR 214.2( O)( 3)( iv)( B)( 3).

 

5. SuccessesFull-Text Statute “Evidence that the alien has a record of major commercial or critically acclaimed successes as evidenced by such indicators as title, rating, standing in the field, box office receipts, motion pictures or television ratings,other occupational achievement reported in trade journals, major newspapers, or other publications.”

 8 CFR 214.2( O)( 3)( iv)( B)( 4).

 

6. RecognitionFull-Text Statute “Evidence that the alien has received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field in which the alien is engaged. Such testimonials must be in a form which clearly indicates the author's authority, expertise, and knowledge of the alien's achievements.”

8 CFR 214.2( O)( 3)( iv)( B)( 5).

 

7. Salary - Full-Text Statute “Evidence that the alien has either commanded a high salary or will command a high salary or other substantial remuneration for services in relation to others in the field, as evidenced by contracts or other reliable evidence.”

8 CFR 214.2( O)( 3)( iv)( B)( 6).

 

*They are not too much of the same, so it is best to follow the links to look at each criteria break down one by one. When there are similarities, you are going to see a little repetition.

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