← All posts
What “Extraordinary Ability” Means for an O-1A
For O-1A, extraordinary ability means a level of expertise showing you are one of the small percentage who have risen to the very top of your field, with achievements recognized through extensive documentation.
Last reviewed against the USCIS Policy Manual on
The definition
“In the field of science, education, business, or athletics: a level of expertise indicating that the person is one of the small percentage who have arisen to the very top of the field of endeavor.”
“In all cases, an O-1 beneficiary’s achievements must have been recognized in the field through extensive documentation.”
Your U.S. job doesn't have to need a star
“Is coming to continue work in the area of extraordinary ability (but not necessarily that the particular duties to be performed require someone of such extraordinary ability).”
The standard of proof, and who carries it
“Officers must apply a “preponderance of the evidence” standard when evaluating eligibility for the O nonimmigrant classification.”
“The burden of proving eligibility for the benefit sought rests entirely with the petitioner.”
The Policy Manual does not put a number on “small percentage”. Treat any figure you see elsewhere as someone's estimate, not a USCIS rule.
Frequently asked questions
- Do I need to be famous to get an O-1A?
- The Policy Manual's test is being one of the small percentage at the very top of your field, recognized through extensive documentation. It does not mention fame.
- Does my U.S. job have to require extraordinary ability?
- No. You must be coming to continue work in your area of extraordinary ability, but not necessarily in duties that require someone of such ability.
- What standard of proof does USCIS use for O-1A?
- A preponderance of the evidence, and the burden of proving eligibility rests entirely with the petitioner.
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.