A Common O-1 Visa Mistake (and How to Avoid It)

In all of our years of experience working on O-1 extraordinary ability visas, we’ve seen one mistake come up again and again: clients trying to force criteria that doesn't fit.  

Many people assume that the more criteria they try to meet, the stronger their case will be. In reality, the opposite can happen. Reaching for criteria that aren’t a natural fit can actually hurt their chances, raise unnecessary questions, and sometimes even undermine otherwise strong evidence.

O-1A vs O-1B: The Extraordinary Ability Visas

We handle O-1 visas in a variety of fields. There are two types. The O-1A applies for people with extraordinary abilities or achievements business, science, education, or athletics. The O-1B, on the other hand, is designated for those in creative fields, including artists, entertainers, influencers, and content creators.  

O-1A Criteria

There are eight possible criteria to qualify for the O-1A. Applicants only need to meet three of them.

1. Nationally or Internationally Recognized Prizes or Awards

2. Membership in Associations Requiring Outstanding Achievements

3. Published Material About You in Professional or Major Media

4. Judging the Work of Others

5. Original Contributions of Major Significance

6. Authorship of Scholarly Articles

7. Employment in a Critical or Essential Capacity

8. High Salary or Other Significant Remuneration

O-1B Criteria

For the O-1B, there are six possible criteria. Like the O-1A, you need to meet three of them.

1. Lead, Starring, or Critical Role for Distinguished Organizations

2. Lead or Starring Role for Distinguished Productions / Events

3. Press

4. Expert Recognition

5. Commercial or Critically Acclaimed Success

6. High Salary or Other Significant Remuneration

Comparable evidence can be used for either the O-1A or the O-1B if you can show that a criterion does not apply to your role/industry.  

A Common Pitfall

While the criteria differ between the O-1A and the O-1B, the same mistake often arises in both: applicants try to prove themselves under criteria that don’t really highlight their strengths.  

Press, for example, is criteria that can be used for both the O-1A and the O-1B. But not all press is equal. Small press pieces, online blogs, or press unrelated to your field might not be persuasive enough.  

It’s important to remember that none of the individual criteria are mandatory. If your press isn’t strong enough to clearly show extraordinary ability or achievement in your field, it’s better to not go for the press criterion. Now that doesn’t mean that we leave the press completely. We find ways to incorporate it into other criteria and other parts of the case; we just don’t use it as a standalone press criterion.  

Any weaknesses in your case can call the entire petition into question, so you're much better off going for three really solid criteria as opposed to forcing ones that just don't quite work.

Building a Strong O-1 Case

O-1 cases are complex and require thoughtful preparation and strategy, so it’s important to speak with an experienced immigration attorney. We've worked on hundreds of these cases and encourage clients to focus on three or four strong criteria, instead of spreading themselves thin across criteria that aren’t a natural fit.  

The good news is that the O-1 can be flexible, and you may be more extraordinary that you initially think. Many creatives are surprised to find they meet the criteria for the O-1B, even if they’ve had unconventional career paths.  

If you’re a content creator or influencer and wondering if the O-1 visa might be right for you, our Founding Attorney has written the guide for people exploring this option. She's also written a book for startup founders.

A well-prepared O-1 case highlighting your strongest evidence is better than one that tries to vaguely check every box. The Trump Administration has placed visa cases under more scrutiny than ever before, so it’s essential to put your best foot forward. If you have questions about O-1 visas or other immigration matters, we're here to help.