O-1 Visa — FAQ
Q1. I am currently on an H-1B visa and nearing the 6-year maximum. If I switch to an O-1 visa, will the 6-year limit still apply?
A: No. Once you move to O-1 status, the H-1B 6-year limit no longer applies. The O-1 visa has no fixed maximum duration and can be extended indefinitely — typically in one- or three-year increments — as long as you continue to meet the O-1 eligibility criteria. It also offers more flexibility, such as the ability to work for multiple employers, part-time, or through an agent.
Q2. I am a researcher — would I potentially qualify for an O-1 visa? What kind of evidence is required?
A: Yes. Researchers are often strong candidates for the O-1. To qualify, you need to show “extraordinary ability” in your field, which can be demonstrated through evidence such as:
• Major national or international awards
• Publications and citation impact
• Recommendation letters from prominent experts
• Proof of major contributions or recognition in your field
Q3. I currently hold a J-1 visa and am subject to the two-year home-residency rule. Can I still apply for an O-1 visa to stay in the U.S.?
A: You may apply for an O-1 visa, but you cannot change status within the U.S. until the two-year requirement is fulfilled or formally waived. Instead, you would need to apply for the O-1 visa at a U.S. consulate abroad after USCIS approves the petition, and then re-enter the U.S. under O-1 status.
Q4. My employer is deciding between sponsoring me for an O-1 or H-1B. What are the key advantages of the O-1? Can my spouse work under O-1 status?
A: Advantages of the O-1 include:
• No annual cap or lottery
• No maximum stay limit (indefinite renewals possible)
• No Labor Condition Application (LCA) requirement
However, O-1 petitions require expert consultation letters, and O-3 dependents (spouse/children) are not permitted to work in the U.S.
Q5. How is the O-1 visa different from the EB-1A green card or the H-1B visa?
A: The O-1 is a temporary (non-immigrant) visa for individuals with extraordinary ability, while EB-1A is a permanent residence (green card) category. O-1 offers greater flexibility, as it has no degree requirement, no annual cap, and is often used as a strategic stepping stone to EB-1A or EB-2 NIW.
Q6. I’ve been invited to join a U.S. research project. How does USCIS define an “event,” and how can I prove “extraordinary ability”?
A: “Event” is defined broadly — it may refer to a single project or a series of related professional activities such as ongoing research or creative work.
To prove extraordinary ability, you must meet at least three of the following:
• Major national/international awards
• Memberships requiring outstanding achievements
• Published media coverage about you
• Judge/reviewer of others’ work
• Original contributions of major significance
• Authorship in reputable journals
• Key role at a distinguished organization
• Exceptionally high compensation
If your field doesn’t align perfectly with these criteria, you may submit comparable evidence with explanation.
Q7. Is the O-1 visa treated as “dual intent”? Can I apply for a green card while on O-1 status?
A: Although O-1 is not formally labeled a dual-intent visa, USCIS generally allows O-1 holders to pursue permanent residency. Filing a green card application does not negatively impact your O-1 status, renewal eligibility, or international travel.
Q8. If I file an EB-1A petition while on O-1, could that affect my O-1 extension later?
A: No. You may maintain and extend O-1 status while your EB-1A petition is pending. An immigrant petition does not jeopardize your current O-1 validity or future extensions.
Q9. Can I form my own U.S. company and have it sponsor me for an O-1 visa?
A: Yes — as long as the petition is filed by a legally incorporated U.S. entity that is independent from you. The company must:
• Provide a legitimate job offer
• Demonstrate a genuine business need for your expertise
• Prove a valid employer-employee relationship (e.g., via a board of directors)
If these conditions are satisfied and you meet the O-1 criteria, self-sponsorship through your own company is allowed.
EB2-NIW— FAQ
Q1. What is the National Interest Waiver (NIW), and how is it different from a regular EB-2 application?
A: The NIW is a subcategory of the EB-2 employment-based green card. Unlike a traditional EB-2, it allows you to self-petition without an employer sponsor or Labor Certification (PERM). In essence, if you can prove that your work is of significant benefit to the United States, you may directly apply for permanent residency without a job offer.
Q2. What are the basic requirements to qualify for an NIW?
A: You must first meet one of the standard EB-2 criteria by either:
• Holding a master’s degree or higher, or
• Demonstrating exceptional ability in science, business, or the arts.
Then, you must satisfy USCIS’s three-prong test by proving that:
• Your proposed work has substantial merit and importance,
• The impact of your work is national in scope, and
• Waiving the PERM process would be beneficial to U.S. national interests.
Q3. What are the main advantages of choosing NIW over a regular EB-2?
A:
• No employer sponsorship required — you may self-petition.
• No PERM Labor Certification — avoids a long and complex process.
• More flexible criteria — generally less strict than EB-1A.
The NIW process typically involves two steps:
- File Form I-140to prove your work serves the national interest.
- After approval, file Form I-485to adjust status and obtain your green card.
Q4. I have a master’s degree — do I qualify for NIW? Is it only for researchers?
A: A master’s degree meets the advanced degree threshold, but approval depends on the national importance and impact of your work — not just your education level. The NIW is not limited to researchers. Individuals from many professions have been approved, including:
• Engineers and innovators
• Educators and policy professionals
• Entrepreneurs and business leaders
• Artists, filmmakers, and designers
• Writers, chefs, and creative professionals
Q5. How important are recommendation letters in an NIW application?
A: Recommendation letters are supportive but not the sole deciding factor. Strong letters should:
• Be authored by recognized experts in your field,
• Clearly explain why your work benefits the United States, and
• Provide specific examples of your contributions.
Generic praise or letters that only restate the legal standard are weak and generally ineffective.
Q6. How does USCIS assess an applicant’s contributions or career impact?
A: USCIS evaluates the real-world influence of your work — not just titles or job descriptions. Strong evidence includes:
• Publications, citations, patents, or technological innovations
• Leadership roles in key projects or initiatives
• Proven practical application or adoption of your work
The emphasis is on quality and demonstrated impact, not just volume.
Q7. I’m a senior engineer with limited publications. Do I still have a chance under NIW?
A: Yes. USCIS does not require academic publication as a strict requirement. If your work drives economic, technological, or societal advancement in a meaningful way, you may still qualify — even with few or no papers — as long as you can show impact beyond what is typical for your role.
Q8. I am a postdoctoral researcher with around 30 citations. How can I make this evidence stronger?
A: Citations can be powerful evidence of influence. You can strengthen your case by demonstrating:
• How your findings have been used, applied, or cited by others,
• Expert testimony acknowledging your contributions and impact,
• Proof that your work has influenced further research, innovation, or real-world application.
The key is to show influence — not just activity.
EB1A— FAQ
Q1. How is EB-1A (Extraordinary Ability) different from EB-1B (Outstanding Researcher/Professor)?
A: EB-1A is designed for individuals with extraordinary ability in sciences, arts, education, business, or athletics — and does not require a job offer or employer sponsorship. EB-1B, on the other hand, is specifically for outstanding researchers or professors and requires a permanent research position or a tenure-track faculty offer from a U.S. institution.
Key distinctions:
• EB-1A: Self-petition allowed; no minimum work experience required.
• EB-1B: Employer sponsorship required; must show at least 3 years of relevant experience.
Q2. How is EB-1A different from EB-2 NIW? Can I apply for both simultaneously?
A: Yes, it is completely legal to file both EB-1A and EB-2 NIW at the same time. In fact, many applicants do so to improve their chances.
• EB-1A has a higher standard — requires proof of extraordinary ability and sustained acclaim.
• EB-2 NIW focuses on whether your work serves the U.S. national interest, with relatively lower eligibility thresholds.
Both EB-1A and EB-2 NIW allow self-petition without employer sponsorship. However, EB-1B still requires an employer to sponsor the petition.
Q3. Can I submit two I-140 petitions at the same time — for example, one EB-1A and one NIW?
A: Yes — filing different categories (e.g., EB-1A + NIW) at the same time is allowed and common.
You generally should not file two NIW petitions simultaneously unless you can justify why multiple NIW cases are necessary.
Approval of any I-140 petition enables you to proceed with the same I-485 green card application process afterward.
Q4. USCIS issued an RFE asking me to explain the “significance of my achievements” for my EB-1A case. I already have awards, grants, and peer-review experience — how should I respond?
A: Simply listing achievements is not enough — USCIS wants you to explain the impact behind each credential.
In your response, clearly outline:
• The prestige and selectivity of your awards or grants
• Why your contributions matter to the field or broader public
• How peer-review roles reflect your expert-level recognition
Your goal is to prove you are performing at a level far above ordinary professionals in your field.
Q5. I’m a postdoctoral researcher with 5 papers and around 20 citations. How can I determine if I qualify for EB-1A?
A: You likely have a viable case if you can confidently answer “yes” to these three questions:
• Have you achieved extraordinary ability in your field?
• Do you have sustained national or international recognition?
• Will you continue working in your field in the U.S.?
Even with modest citation counts, strong evidence such as awards, high-impact contributions, invited talks, and strong expert recommendation letters can still build a successful case.
Q6. I received an RFE asking for proof of “sustained acclaim” and “recognition by experts.” These standards seem impossible — is EB-1A still realistic?
A: EB-1A is a high bar, but absolutely achievable. The key is not perfection — but clear, well-documented proof of impact and recognition.
Your response should focus on:
• Evidence of significant influence on your field
• Independent recognition, especially outside your employer
• Documentation of how your work is being used, cited, or adopted
Many successful EB-1A approvals come from well-prepared cases — even when the applicant initially doubted their qualifications.
Q7. How should I present my “overall achievements” in the final analysis section of the EB-1A petition? What should I consider for recommendation letters?
A: The petition must include:
- Evidence that satisfies the EB-1A criteria, and
- A final “overall assessment”proving that your contributions collectively rise to the level of extraordinary ability.
In that final section, you should highlight achievements that show your influence and recognition — even if some items don’t perfectly match a specific regulatory criterion.
For recommendation letters:
• Prioritize independent experts, not just supervisors or collaborators.
• Each letter should clearly connect your achievements to the EB-1A legal standard and highlight national or international recognition.
Q8. USCIS rejected my evidence under the criterion of “published material about the applicant,” saying the articles were more about my employer. How can I fix this?
A: USCIS requires that the published material specifically highlight you — not just your company or team.
Your revised evidence should include:
• Full copies of the articles showing title, publication, date, and author
• Proof that the source is a major professional or industry publication (with readership/circulation stats)
• A short explanation clarifying how the article focuses on your individual achievements
Promotional or marketing-style company features are usually rejected. Focus instead on press, profiles, interviews, or analysis that showcase your personal contributions and reputation.
