What Counts as Extraordinary Ability for an O 1A or O 1B Visa?

The O 1A or O 1B visa can be an excellent visa option for people in the arts, science, industry, business, athletics, and many other fields. For many, however, the question is: what is considered “extraordinary” enough to qualify?

The name of the visa alone discourages many qualified candidates from applying. Of course, it can be a major advantage if you already hold a leading position in your field of work. But it is also entirely possible for others, including those who may still be at the beginning of their careers, to obtain an O 1 visa. For example, the O 1 visa can be a popular choice for students in the United States who are completing their Optional Practical Training, or OPT.

So what counts as “extraordinary”?

1. You must meet at least three of the statutory criteria

For O 1A applicants in science, business, entrepreneurship, or athletics, among other fields, candidates must meet at least three of the following criteria:

1. Receipt of a national or international award or recognition for your achievements
2. Membership in national or international associations or organizations that are selective about their members, meaning it must be shown that specific accomplishments are required for admission
3. Media coverage or publications about the applicant in major media or professional publications
4. Participation as a juror or judge in evaluating other professionals in the field, for example as a peer reviewer for a professional publication or as a judge at a hackathon
5. Original work in the field that has influenced or shaped the field, for example patents or publications that have been cited frequently
6. A significant or critical role for organizations with a strong reputation
7. A high salary or other remuneration compared to others in the field, usually above 90 percent of the average salary. This can be current, in the past, or even prospective

For O 1B candidates in the arts, three of the statutory criteria must also be met. However, there are only six criteria available here instead of eight. At the same time, it is often easier to satisfy the O 1B criteria than the O 1A criteria:

1. Receipt of a national or international award or recognition for your achievements, for example film festival awards
2. A leading or starring role in the past and in the future in productions or performances with a strong reputation
3. A leading or critical role in the past and in the future for organizations with a strong reputation
4. Media coverage or publications about the applicant in major media or professional publications
5. A high salary or other remuneration compared to others in the field, usually above 90 percent of the average salary. This can be current, in the past, or even prospective
6. Commercial success, for example ticket sales, streams, and similar indicators, or critical success, such as articles by critics highlighting achievements in the field
7. Recognition of achievements in the field by recognized experts

2. “Totality of the evidence” evaluation

If you have successfully shown that you meet at least three criteria, congratulations. You are ready for the next step. At this stage, USCIS conducts an overall evaluation of your evidence to determine whether, in its view, the evidence shows that you are an expert in your field or have received distinction.

Please note that this evaluation differs from the final merits determination used in EB 1 cases, which is required there under Kazarian v. USCIS.

However, in every O 1A or O 1B petition, it is essential to include a section explaining how the applicant stands out and has demonstrated extraordinary ability under the standard set out in 8 CFR §214.2(o).

Conclusion

If you have successfully completed these two steps, it means that you have convinced USCIS of your extraordinary ability in your field. As long as the remaining parts of your case are solid, such as the petitioner, the petitioner contract, deal memos, or letters of intent, you should be on your way to receiving O 1 approval.