How to get the O-1A Visa
The US Visa for Aliens of Extraordinary Ability
Introduction
The O-1A Visa is the US visa for Extraordinary Ability. You get 3 years to work in the US, infinitely renewable. There are no limits to the number of O1's issued, no lottery, pure merit, and is dual-intent meaning you can easily apply for the EB1A (Green Card version of the O1) with the same qualifications. Surprisingly, O-1 Visas have a 93% acceptance rate.
YOU JUST NEED 3 THINGS:
- Have at least 3 qualifications out of 8
- Expert Letter
- A sponsor (U.S. employer or agent)
Finding a Sponsor
An essential component of the O-1A visa application is securing a sponsor. The sponsor can be:
- A U.S. Employer: A company or organization based in the United States that offers you employment.
- An Agent Sponsor: An individual or entity that acts as your representative in the U.S., which is particularly useful if you will be working for multiple employers or on multiple projects.
Key Considerations
- Employer-Employee Relationship: If your own company sponsors you, there must be an employer-employee relationship, meaning someone in the company has the authority to hire and fire you. You can do this by having <50% equity in the company, or have board members that can fire you.
- Agent Sponsorship: Using an agent allows greater flexibility, enabling you to work for multiple companies or on various projects without the need to file separate petitions for each employer. Your agent can be any US Citizen, best someone who is in good standing with the Law.
Choosing an Expertise
As part of your O-1 Visa, you need to argue that you are an expert in a field. This should tie together your profile and you can be creative here! Here are some examples:
- Dhaval Shroff was an expert in Autonomous Vehicle Self-Driving
- Sigil Wen was an expert in Consumer Social and Artificial Intelligence
- Anna Wang was an expert in Artificial Intelligence Research
- Moritz Wallawitsch was an expert in Cognitive Augmentation Software
- Brent Liang was an expert in Technology Entrepreneurship
- Evil Rabbit was an expert in Design
Qualifying for the O-1A Visa
You need to qualify for at least 3 of the 8 extraordinary ability qualifications. It's recommended you qualify for 4 or 5.
Here are the 8 qualifications with examples:
1. Membership
Membership in associations that require outstanding achievements, as judged by international experts.
- Patrick Collison was a part of the S11 Batch for Y Combinator
- Marvin Von Hagen was a part of Z Fellows
- Anna Wang was a fellow at Interact
2. Judging
Judging the work of peers in your field, either individually or on a panel.
- Sigil Wen was a judge for the 2024 Stanford Treehacks
- Brent Liang judged the 2021 Global Build Weekend Hackathon for On Deck
3. Awards
Nationally or internationally recognized prizes or awards for excellence in your field.
- Div Garg won the Silver Medal at the 2016 International Physics Olympiad (IPhO)
- Moritz Wallawitsch raised funding from the selective Venture Capital Firm General Catalyst
4. High Compensation
You have commanded a high salary or other significantly high remuneration as part of your field. Typically this is top 10% of earners for your title.
- Jason Liu was paid over $520,000 annually at StitchFix as a Software Engineer
- Han Wang earns less than $100,000 annually as the founder of Mintify, but his founder shares are highly valued after raising a Series A from a16z. His equity put him in the top earners for the CEO role
5. Critical Employment
Employed in a critical or essential capacity at a company with a distinguished reputation.
- Dhaval Shroff was a founding engineer on the Autopilot AI team at Tesla
- Jannik Schilling is the youngest investor at Founders Fund
- Sigil Wen was a founding engineer at Airchat
6. Media
Published material about you in professional publications, major trade publications, or other major media.
- Tim Shi was covered in Nature, CNBC, Wired, Harvard Business Review
- Sampei Omichi had his fundraise covered in TechCrunch and Business Insider
7. Original Contributions
Original scientific, scholarly, artistic, athletic, or business-related of major significance to your field.
- Dhaval Shroff removed the use of LiDAR in autopilot while at Tesla, focusing on pure computer vision for self-driving
8. Authorship
Authorship of scholarly articles in professional publications, major trade publications, or other major media.
- Tony Zhang authored a research paper that made an original contribution to the field of AI during his time at CMU's AI Lab
Expert Letters
You need to find an expert in your field to sign a letter confirming your extraordinary ability. These letters play a crucial role in supporting your O-1A visa application.
- Seek out recognized experts in your field who can vouch for your abilities
- The letter should detail your specific contributions and their significance
- Ideally, obtain multiple expert letters to strengthen your application
Finding the right Lawyer
You need an immigration Lawyer to help put together all of the evidence and file the case. To prove each qualification your lawyer drafts letters for experts and parties to sign to confirm your extraordinary ability. Prints out web pages of articles and websites as supporting evidence. In the end your O-1A Visa case often will be a few hundred pages long!
So how do you find a great lawyer? We compile all the unfiltered reviews of lawyers from every O-1 Visa holder on extraordinary.club to help you find the best ones. A great lawyer is responsive, fast, and ultimately gets you the O-1A visa!
Costs
The total costs of the O-1A visa can be <10k-20k depending on the lawyer. The costs include:
Filing Fees:
- USCIS Filing Fee for Form I-129: $460
- Premium Processing Fee (optional): $2,500
- Visa Application Fee: $190 (if applying from outside the U.S.)
- Additional Costs: Expenses for gathering documentation, translations, travel for interviews, etc.
Legal Fees:
Attorney fees can range from $6,000 to $15,000 or more, depending on the complexity of your case and the attorney's expertise.
Timelines
The fastest lawyers take 3 weeks to put together your O-1 petition, and once filed gets approved within 14 calendar days with Premium Processing (costs $2,500 extra, it's worth it). A lot of the time, you are a bottleneck in providing your lawyer information from getting experts to sign recommendation letters to providing past evidence. So make sure to be on the ball!
- Preparation of petition: 3-6 weeks
- USCIS processing time: 2-3 months (or 15 calendar days with Premium Processing)
- Visa application at U.S. embassy/consulate (if outside the U.S.): 1-4 weeks
After the O-1
If you get fired, you have 60 days to find a new O-1A Visa sponsor, which is very easy to do through a Change of Employer which files a new O-1 Visa. Once you have an O-1 approved, you can get new O-1s easily without being denied using the same prior materials.
Changing Employers
It costs to change employers. Gets you another 3 years with the new one. The process involves:
- Finding a new sponsor
- Filing a new O-1 petition
- Potentially updating your qualifications if they've improved
Applying for the EB1A Green Card
You can file for the EB1A with similar materials to the O-1A Visa. To prove international acclaim, you'll need to:
- Meet at least 3 out of the 10 EB1A criteria (similar to O-1A criteria)
- Demonstrate sustained national or international acclaim
- Show that you'll continue working in your area of expertise in the U.S.
The EB1A is a direct path to a green card, offering permanent residency without the need for labor certification or job offer.
Frequently Asked Questions
1. What is the difference between O-1A and EB1A visas?
The O-1A is a non-immigrant visa that allows you to work in the US for a specific employer, while the EB1A is an immigrant visa (green card) that provides permanent residency. The qualifications for both are similar, but the EB1A has a higher standard of proof for "extraordinary ability".
2. Can I apply for O-1A visa without a job offer?
No, you need a sponsor (either an employer or an agent) to apply for an O-1A visa. You cannot self-petition for this visa.
3. How long does the O-1A visa application process take?
The process typically takes 2-3 months, but can be expedited to 15 calendar days with Premium Processing.
4. Can I bring my family with me on an O-1A visa?
Yes, your spouse and unmarried children under 21 can accompany you on O-3 visas. Your spouse can apply for work authorization once in the US.
5. Can I travel internationally while on an O-1A visa?
Yes, you can travel internationally. However, you should ensure that your O-1A visa and passport are valid. It's also recommended to carry a letter from your employer or sponsor confirming your continued employment in the US.