Overview

Who qualifies for an O-1A?

The O-1A visa is for individuals who have demonstrated extraordinary ability in business, science, education, or athletics — defined as a level of expertise placing them among the small percentage who have risen to the very top of their field.

Unlike H-1B, O-1A has no annual cap and no lottery. It is employer-sponsored but highly flexible, and it can be a direct stepping stone to an EB-1A green card using the same evidentiary record.

USCIS evaluates O-1A petitions against eight regulatory criteria. An applicant must satisfy at least three — or demonstrate a comparable level of distinction through a "critical role" or equivalent standard.

Eligibility criteria

The eight USCIS criteria.

We assess your profile against each category before building the evidentiary record. Most strong candidates satisfy three to five.

01

Awards & prizes

Nationally or internationally recognized prizes for excellence in the field.

02

Membership

Membership in associations requiring outstanding achievement as judged by recognized experts.

03

Press & media

Published material in professional or major trade publications about your work.

04

Judging others

Participation as a judge of the work of others — panels, grant reviews, award committees.

05

Original contributions

Original scientific, scholarly, or business-related contributions of major significance.

06

Authorship

Authorship of scholarly articles in professional journals or major media in the field.

07

Critical or essential role

Employment in a critical or essential role for distinguished organizations.

08

High remuneration

Command of a high salary or remuneration relative to others in the field.

Pricing

Transparent fees.

Our fees are fixed and quoted upfront. No hourly billing, no surprises. Government filing fees are separate and vary by processing speed.

Standard
$6,500
Attorney fees only
Profile evaluation
Petition drafting
Evidence review
Filing management
RFE response included
With EB-1A
$10,500
O-1A + EB-1A filed together
Everything in Standard
Concurrent EB-1A filing
Shared evidentiary record
Faster path to green card
Priority case management
Extension
$3,500
Existing O-1A holders
Extension petition
Updated support letter
Evidence refresh
Filing management
RFE response included
What to expect

Timeline from evaluation to approval.

Most O-1A petitions are approved within 2–5 months on regular processing. Premium processing reduces USCIS review to 15 business days.

1

Initial evaluation

We review your background, assess your criteria, and give you an honest read on your case strength.

1–2 business days
2

Evidence gathering

We work with you to collect and organize the documentation needed to support each criterion.

2–4 weeks
3

Petition drafting

Your attorney drafts the support letter and petition package. You review and approve before anything is filed.

2–3 weeks
4

USCIS filing

We file the complete petition. Premium processing: 15 business days. Regular: 2–4 months.

15 days – 4 months
5

Approval & visa stamp

Once approved, you'll obtain your visa stamp at a US consulate. We prepare you for the consular interview.

1–3 weeks
FAQ

Common questions.

Yes — the O-1A requires a US employer or agent to file the petition on your behalf. However, the requirements are flexible. Founders can use their own company as the petitioner, and agents can file on behalf of individuals with multiple engagements.
O-1A is a temporary work visa — you can live and work in the US but must renew it. EB-1A is a green card — permanent residence. The evidentiary standards are similar, which is why we often recommend building both cases simultaneously using the same evidence.
Yes. The O-1A is a work visa and remains available for nationals of partial ban countries. Full ban countries face broader restrictions. We recommend a case-by-case evaluation to assess your specific situation and consular options.
RFE responses are included in our fee. If USCIS requests additional documentation or clarification, we draft and file the response. Our evidentiary approach is designed to minimize RFE risk from the outset.
With premium processing, USCIS must respond within 15 business days — though this can include an RFE rather than a straight approval. Regular processing typically takes 2–4 months. We recommend premium processing for most clients with time-sensitive situations.
Yes, in most cases. Founders can petition through their own company as long as there is an employer-employee relationship or a legitimate agent structure in place. We handle founder O-1A cases regularly and know how to structure the petition correctly.