O-1
Temporary work visa — no annual cap, up to three years at first, then extended
- Who files
- A U.S. employer or agent, for you
- Tracks
- O-1A on sustained acclaim; O-1B, for the arts, on distinction
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O-1A — sciences, education, business, or athletics
4 of 8 carried
O-1B — arts, motion picture, or television
2 of 6 carried
EB-1A — the green card
4 of 10 carried
How you qualify
Most cases are built around at least three criteria, but which three depends on what your record already shows. Meeting three is a starting point, not the final determination.
The two routes — neither requires PERM labor certificationEB-1A
Green card — lawful permanent residence, kept for as long as you maintain U.S. residence
- Who files
- You — self-petition, no job offer needed
- Tracks
- One category, on being among the very top of the field
Sciences · O-1A and EB-1A
STEM graduate
A recent master’s or doctoral graduate, often still on F-1 or OPT, deciding whether to apply now or spend more time building their profile. Of the five, this profile has the least evidence, so knowing what is missing matters most.
Commonly relies on
- Scholarly authorshipPapers and conference proceedings, with the venue’s selectivity shown rather than assumed.
- Original contributionsEarly citations from groups with no ties to your lab or advisor.
- Judging others' workReviewing for a conference or a journal — common at this stage and routinely left off a CV.
- Selective membershipAn association that requires outstanding achievement, not simply payment of dues.
Sciences · O-1A and EB-1A
Researcher
A postdoc, faculty member, or industry scientist whose work is cited by people they have never met. Much of this record is already public, making it one of the easiest profiles to assess from public sources.
Commonly relies on
- Original contributionsIndependent citations and letters from researchers with no co-authorship history with you.
- Scholarly authorshipA publication record judged by where it appeared and who cited it, not just the count.
- Judging others' workStanding review for a journal, or a seat on a grant or programme committee.
- Leading / critical roleA named role on a funded program, and evidence of the lab’s reputation beyond your own work.
Business · O-1A and EB-1A
Founder
A founder or operator whose contribution is a company rather than a paper. Often the hardest of the five to document: the work may be substantial, but little of it is captured in public sources.
Commonly relies on
- Leading / critical roleWhat the company is known for, and what specifically depended on you.
- Original contributionsPatents and adoption of what you built by organizations beyond your own.
- Published material about youTrade press covering you by name, not a funding announcement issued by your own team.
- High remunerationCompensation compared with market data for the same role and region, including equity where appropriate.
Arts · O-1B and EB-1A
Designer
A graphic, industrial, or costume designer whose standing is reflected in commissions and media coverage. Often an O-1B case, where extraordinary ability in the arts is measured by distinction.
Commonly relies on
- Awards & prizesCompetition results and design awards, with the significance of each award made clear.
- Published material about youDesign and industry publications covering you or your work.
- Leading / critical roleCredited work for distinguished studios, brands, or clients.
- Selective membershipRecognition from established organizations, critics, or other experts in the field.
Arts · O-1B and EB-1A
Performing artist
A dancer, musician, actor, or director of photography whose record is reflected in billing, reviews, performances, and commercial success. Also an O-1B profile, where credits and independent recognition can be especially important.
Commonly relies on
- Awards & prizesFestival recognition, guild nominations, and competition results, with the significance of each made clear.
- Published material about youReviews, profiles, and other coverage about you or productions in which you played a significant role.
- Leading / critical roleBilling and credits for productions or organizations with a distinguished reputation.
- High remunerationContracts and fees compared with others in the field.
Related questions
Attorney Verified · Sep 9, 2026
If I meet three of the eight O-1A criteria, will I be approved?
Not necessarily. Meeting at least three criteria is the initial evidentiary threshold, not a guarantee of approval. USCIS also considers the quality and totality of the evidence to determine whether you have demonstrated the level of extraordinary ability and sustained national or international acclaim required for O-1A status. A petition can therefore satisfy three criteria and still receive a request for evidence or be denied. In our review of O-1A cases, two recurring weaknesses are achievements concentrated in an earlier period without sufficient evidence of continued recognition or influence, and accomplishments that reflect success in the field but do not meaningfully distinguish the applicant from others in it.
Read more →
Attorney Verified · Sep 8, 2026
Can I reuse my O-1 evidence for an EB-1A petition?
Yes — relevant awards, press coverage, recommendation letters, and other supporting documents from your O-1 case may also support an EB-1A petition. However, the evidence must be assessed and presented against the EB-1A criteria, with updates or additional documentation where needed. USCIS evaluates the EB-1A petition independently, including whether the overall record demonstrates sustained national or international acclaim and that you are among the small percentage at the top of your field. A prior O-1 approval is relevant, but it does not guarantee EB-1A approval.
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Attorney Verified · Sep 29, 2026
Which applies to me — O-1, EB-1A or EB-2 NIW?
Which one fits comes down to three things: whether you need status now or permanent residence, who is able to file for you, and where your country of birth sits in the Visa Bulletin. The O-1 is temporary and needs a petitioner. EB-1A and EB-2 NIW are permanent, and you can file either one yourself. What it grants — O-1A: Temporary status, renewable; EB-1A: Permanent residence; EB-2 NIW: Permanent residence. Who files — O-1A: An employer or a U.S. agent; EB-1A: You; EB-2 NIW: You. The standard — O-1A: Sustained acclaim, at the top of the field; EB-1A: Sustained acclaim, then a final merits determination; EB-2 NIW: Substantial merit and national importance, and you well positioned to advance it. The evidence — O-1A: Three of eight criteria, then the record as a whole; EB-1A: Three of ten criteria, then the record as a whole; EB-2 NIW: The three prongs; no criteria count. Priority date — O-1A: None; EB-1A: EB-1, current for most but retrogressed for those born in China or India; EB-2 NIW: EB-2, generally further behind, and furthest for those born in China or India. Premium processing — O-1A: Available; EB-1A: Available on the I-140; EB-2 NIW: Available on the I-140. For what each route asks of the evidence: the O-1 criteria, EB-1A from an O-1 record, the NIW self-petition.
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