HELP CENTER

Visa questions? We can help.

Find quick answers to common US visa and immigration questions from our legal experts.

Filter

What is EB-1A?

A visa for individuals with extraordinary ability.

How much documentation do I need to file a visa petition for an EB-1A or O-1A visa?

In US immigration processes, your claims must be more likely than not to be true. This means if something appears more true than false, USCIS should accept it as true. To meet this standard, the visa petitioner should provide documents that convincingly support the claim’s validity.

For instance, to prove you received VC funding, you could provide signed SAFE agreements with a VC, a published article about your funding round, and documentation about the relevance of the VC.

Keep in mind that theory and practice do not always perfectly align. It’s crucial you speak to an experienced legal team to avoid spending time and money on documentation that does not support your case.

Is it possible to re-apply to the USCIS if your application to the O-1A or EB-1A visas is rejected?

Yes, you can reapply as many times as you wish.

However, bear in mind that when you submit a green card petition or it’s submitted on your behalf, immigration authorities may sometimes see this as an indication that you plan to live in the US permanently (immigrant intent). This is incompatible with a key requirement for most temporary visas, which must express an intent to relocate to the US temporarily only.

If you plan to, or need to file a temporary visa application after filing an EB-1A application, this may affect your eligibility to renew or obtain your temporary visa.

Rules around resubmissions are nuanced, so it is advisable to consult with an experienced immigration attorney to understand all the implications.

Can I file for the EB-1A and the Adjustment of Status at the same time?

Yes in most cases (when your priority date is current), but we generally advise against it.

Filing for Adjustment of Status signals clear immigrant intent. If your EB-1A is denied, it could make obtaining non–dual intent visas (such as E-1 or E-2) more difficult.

The safer approach: secure EB-1A approval first, then apply for Adjustment of Status.

Can I apply for both the O-1 and EB-1A at the same time?

Yes. It’s possible to pursue both strategies simultaneously. However, it’s far more common to apply for the O-1 and then pursue the EB-1A. Many applicants use the O-1 as a “bridge” to work legally in the U.S. while building their profile for the EB-1A. The O-1 is temporary, while the EB-1A leads to permanent residency.

Does being published in major media help in O-1 or EB-1A applications?

Yes. Evidence of press coverage—especially in reputable, independent outlets—is strong proof of recognition in your field. However, not all articles are born equal, and some are far more relevant than others. The article should be mostly about you and your work, have a listed author, and date.

Is it mandatory to hire a lawyer for an O-1 or EB-1A petition?

No. Technically you can self-file (for EB-1A) or have an employer file without an attorney. However, due to the complexity of the evidence, most applicants strongly benefit from legal representation.

How do recommendation letters help in an O-1 or EB-1A petition?

They serve to contextualize and validate your achievements. Strong letters from independent experts can significantly strengthen your case. Letters are not going to be the cornerstone of the application, but are very relevant and helpful to the case.

Can O-1 or EB-1A holders sponsor parents for green cards?

No. Only U.S. citizens can sponsor parents. Once you become a citizen (typically after holding a green card for 5 years, or 3 years if you became permanent resident through marriage with a US citizen), you may petition for them.

What’s the difference between “extraordinary ability” and “exceptional ability”?

Extraordinary ability is the language you must use in O-1 and EB-1A cases, and it means you are among the very top in your field. Exceptional ability (EB-2 NIW wording) means you have expertise significantly above the average but not necessarily at the very top.

Does winning smaller or regional awards help in an O-1/EB-1A case?

Yes, but they are generally weaker than major national or international awards. They can still support your profile when combined with stronger evidence. In most cases regional awards are not useful for the awards criteria but are still helpful to establish recognition in your field.

Does having patents help in EB-1A or O-1 petitions?

Yes. Patents that have been commercialized or frequently cited can help demonstrate original contributions. However, simply holding a patent that has not been applied or recognized by others in the field is not sufficient to establish this category.

How important is peer-reviewed research in EB-1A or EB-2 NIW cases?

It depends. For scientists and academics, publications in peer-reviewed journals are often a cornerstone of the case. For professionals in business, arts, or other industries, other types of evidence (press, awards, leadership, impact) may carry more weight.

Does being invited as a conference speaker help in an EB-1A or O-1 petition?

Absolutely. Speaking engagements—especially at well-known or international conferences—show that you are recognized as an authority in your field. The more selective and prestigious the event, the stronger the evidence. Although it does not fall into a specific category, it is very important for the final merits evaluation.

Can’t find your question?

If you cannot find an answer to your question in our FAQ, you can always contact us.

We will answer you shortly!

Cookies consent

We use necessary cookies to make our site work. We'd like to set additional cookies to analyze traffic and make site improvements.
By clicking "Accept" you consent to our use of cookies.