← All posts
Changing Careers or Founding a Startup on an O-1A
USCIS reads “area of extraordinary ability” broadly: it covers the occupation where you earned acclaim and other occupations that share its skills, knowledge or expertise. The Policy Manual names an engineer coming to start a technology company as one such transition.
Last reviewed against the USCIS Policy Manual on
The question
“When considering a petition for a beneficiary who is transitioning to a new occupation (for instance, an acclaimed athlete coming to be a coach, a renowned STEM professor or academic researcher coming to work for a private company, an engineer coming to start a technology company, or an acclaimed dancer coming to be a dance teacher or choreographer), it can be unclear whether the proposed work in the United States is within the “area of extraordinary ability,” as required.”
How USCIS reads “area”
“Similarly, in the O-1A or O-1B (Arts) context, USCIS interprets the phrase “area of extraordinary ability” broadly to include not only the specific occupation(s) in which the beneficiary has garnered acclaim, but also other occupations that involve shared skillsets, knowledge, or expertise.”
Factors the Policy Manual lists
“Whether the prospective occupation is a supervisory, management, or other leadership position that oversees the beneficiary’s previous position or otherwise requires shared knowledge, skills, or expertise …”
“Whether it is common for persons in one occupation to transition to the other occupation(s) based upon their experience and knowledge.”
Your critical role doesn't need to be as an employee
“The organization need not have directly employed the beneficiary.”
Frequently asked questions
- Can an academic researcher move into industry on an O-1A?
- The Policy Manual names a researcher coming to work for a private company as a transition it considers, and reads the area of ability to include occupations with shared skills, knowledge or expertise.
- Can an engineer get an O-1A to start a company?
- The Policy Manual uses an engineer coming to start a technology company as an example of a transition to evaluate under the same broad reading.
- Does a management role count as my area of ability?
- One factor the Policy Manual lists is whether the new occupation is a leadership position overseeing your previous one or otherwise requires shared knowledge, skills or expertise.
Related
Quotes are word for word from the USCIS Policy Manual, Volume 2, Part M. Practitioner tips are common practice, not USCIS rules. For informational purposes only, not legal advice.