You may have heard that an “extraordinary ability” could help you obtain an EB-1 or O1 Visa. While that is true, not every immigrant knows what factors are considered extraordinary, nor how to demonstrate that you possess those abilities.
Everyone deserves a fair chance at obtaining a U.S. employment based green card or a non-immigrant visa. Keep reading to learn what can be considered an “extraordinary ability” for an EB-1 or O1 Visa and how our immigration law firm could help.
An EB-1 visa is a U.S. employment-based green card for individuals with extraordinary abilities, offering a fast track to permanent residency because it does not require a labor certification process. That means your prospective employer does not have to prove that there are no qualified U.S. workers available to do the job. Eligibility is reserved for individuals leading their fields in the arts, education, science, business, and athletics, based on specific criteria.
An O1 visa is also a non-immigrant visa for individuals with extraordinary abilities who want to come to the U.S. to continue working in their field. However, eligibility requirements include demonstrating acclaim through extensive documentation. This visa petition must be filed by an employer or agent, and it allows for a maximum initial stay of just three years, with the possibility of one year extensions.
No, EB-1 and O1 visas do not have the same “extraordinary ability” requirements. An EB-1 visa generally has a higher standard, although the criteria for both are similar and require demonstrating your mastery through your exceptional contributions. EB-1 aims for permanent residency, so as the applicant, you must prove that you have risen to the very top of your field with national or international acclaim. As a temporary “work visa,” the requirements for an O1 visa may be slightly lower.
In order to prove that you have “extraordinary ability” you must have demonstrated acclaim supported by evidence in your specific field. This proof could be major awards, significant contributions, membership in exclusive associations, published material, judging the work of others, leading critical roles in distinguished organizations, as well as commanding a high salary. You must provide at least three of these criteria, unless you received a major, one-time award, such as a Nobel Prize or an Oscar.
Now that you have a better understanding about what can be considered an “extraordinary ability” for an EB-1 or O1 visa, reach out to us with your questions. Looking for an experienced immigration lawyer to help you navigate this complex process does not need to be difficult. New Frontier Immigration Law is here to serve you. Let our empathetic legal team help you through your immigration journey, so you have the chance to live and work in the U.S.
Hillary Walsh is one of America’s foremost immigration attorneys — a nationally recognized advocate whose career has been built case by case, client by client, in the most challenging corners of immigration law.
For over a decade, Hillary has represented immigrants, asylum seekers, trafficking survivors, and families facing deportation in proceedings before the Ninth, Sixth, and Fifth Circuit Courts of Appeals, the Board of Immigration Appeals, and immigration courts across the country. Her legal expertise spans removal defense, asylum, VAWA, T Visa, U Visa, green cards, and naturalization — the full breadth of immigration law, with particular depth in protection-based relief for vulnerable populations.
Her work has reached the highest levels of American jurisprudence. Hillary was invited to author an amicus curiae brief for a U.S. Supreme Court case — a distinction extended to attorneys whose command of immigration law is recognized at the national level.
Hillary founded New Frontier Immigration Law in 2019 with a simple but radical belief: that every person deserves a fighting chance, and that there is a solution for every problem. That legal philosophy has guided thousands of client outcomes across Phoenix, Los Angeles, Las Vegas, and communities nationwide.
She doesn’t just represent clients in immigration court; she shapes how immigration law is argued, understood, and applied.
