O-1A holders: Assessing your chances for EB-1A qualification

The O-1A and EB-1A visas are the most selective categories in U.S. immigration, designed for individuals with extraordinary abilities in specific fields. While they share close similarities in eligibility, they are not the same: the O-1A category is a non-immigrant visa category for temporary workers, while the EB-1A is an immigrant visa category and is the first step in the path to U.S. permanent residency.  The EB-1A has some additional discretionary requirements which we will detail below.

Transitioning from an O-1A visa to an EB-1A can be challenging. In this guide, we’ll explore the differences between these visas and help you assess your chances for EB-1A based on your O-1A status. We will also review key criteria, documentation requirements, and application strategies to help you make informed decisions and reach your immigration goals.

What is the O-1A Visa?

The O-1A visa is a non-immigrant visa for individuals with extraordinary abilities in fields like science, education, business, and athletics.   It allows holders to work temporarily in the U.S. by demonstrating national or international acclaim in their area of expertise.

To qualify, applicants need a US employer or agent to sponsor them and must provide evidence of extraordinary ability.  This includes major awards, membership in exclusive associations, or significant contributions to their field. The O-1A visa is ideal for those seeking to advance their careers in the U.S. temporarily.  Please see our O1 visa guide for more details.  One way to think of the O1A visa, is that it requires that you evidence you are in the top 10% of your area of expertise.

What is the EB-1A Visa?

The EB-1A visa, in contrast, is an immigrant visa that grants a pathway to permanent residency for individuals with extraordinary ability. As part of the employment-based immigration category, EB-1A requires applicants to demonstrate a high level of sustained national or international recognition and significant contributions to their field.

Unlike the O-1A, which is temporary, EB-1A allows holders to live and work permanently in the U.S. Its eligibility criteria are more rigorous, demanding extensive documentation that proves exceptional achievements over time.  The way to think about the EB1A visa, is that it requires that you be in the top 1% of your area of expertise.

How to Assess Your Chances for EB-1A Qualification

While holding an O-1A shows extraordinary ability, it does not automatically qualify you for EB-1A. Below are steps to assess your chances.

Step 1: What are the Extraordinary Ability Criteria - Meet at least 3, preferably 4+

• Receipt of lesser nationally and internationally recognized prizes or awards for excellence in the field of endeavor;
• Membership in associations in the field which require outstanding achievements of their members, as judged by experts in the field;
• Published materials about the individual in professional or major trade publications, or appearance/published materials about the individual in other major media;
• Participation, either individually or as part of a panel, as a judge of the work of others in the field (including having served as a reviewer/referee for articles to be published, on discussion and advisory panels, etc.);
• Original scientific, scholarly, artistic, athletic or business-related contributions of major significance in the field;
• Authorship of scholarly articles in the field, as published in professional or major trade publications or in other major media;
• Serving in a critical or essential capacity for organizations or establishments that have a distinguished reputation; and/or
• Commanding a high salary or other significantly high remuneration for services, as compared to others in the field.

“Extraordinary Ability” requires that you meet a minimum of 3 of these criteria.  3 might be sufficient for an O1, however, for an EB1A, we recommend meeting at least more than 3.

Step 2: Key Differences between O1A and EB1A

Final Merits Determination: EB-1A has a second layer of analysis after meeting the 3+ extraordinary criteria which requires evidence that the foreign national have sustained national or international acclaim and demands broader and more substantial recognition at a national or international level.  This is a discretionary piece of the adjudication where USCIS assesses whether the evidence is strong enough.

USCIS is more aggressive and rigorous in adjudicating the extraordinary ability criteria in EB1A cases. This is because the stakes are higher on a permanent case as opposed to an O-1 which is temporary and is only approved for three years.  The EB1A category is intended to be only for the very, very best or those in the top 1% of their field of expertise.

Step 3: Tips for passing the Final Merits Determination:

1. Build a strong narrative that explains your area of expertise and the importance of your accomplishments in a way that the USCIS officer can understand, e.g. non technical language.
2. Strengthen each of the EB1A criteria, submit more evidence of judging, press, membership, award, etc.
3. Build out your profile so that you increase visibility in your area of expertise, maybe do speaking events relevant to your field.
4. Letters of recommendation from recognized experts in your field can be powerful in supporting your EB-1A application. Reach out to colleagues, mentors, and industry leaders who can attest to your contributions and impact. Their endorsements add credibility, strengthening your case and demonstrating your extraordinary standing in the field.  We recommend you gather 4-6 letters to support your case.
5. Leave out weak evidence, you do not need evidence of each single criteria, particularly if you have weak evidence.  Submitting weak evidence can indirectly weaken or dilute the other criteria.

If you're ready to take the next step, schedule a free consultation with us. We're here to guide you every step of the way.