Alternatives to the H-1B: O-1A Visa - Alternative Criterion 1 (Lesser Known Awards)
For those of you considering viable options to the H-1B cap (because you were not selected in this year’s lottery), I will be doing a deep-dive into the O-1A criteria over the next couple of weeks.
When determining whether someone is qualified for O-1A classification, I cannot emphasize enough how essential it is to read the regulations and the requirements in their totality.
What does this mean? Read the regulations and the requirements in their totality. This means literally reading each and every single word – do not summarize or abbreviate the criterion because this is where you get into trouble.
If you do not possess evidence of receipt of a major, internationally recognized award (on the level of a Nobel Prize), in your field of endeavor, you can still qualify for O-1A classification by providing documentary evidence in at least three (3) out of eight (8) alternative criterion, which we will address in the coming weeks.
It is important to note that the vast majority of O-1A recipients that I have worked with (more than 99%) do not have a major, internationally recognized award. These incredibly talented individuals qualify for O-1A classification because they are able to meet at least three of the alternative criterion.
O-1A Deep Dive - Alternative Criterion 1
The regulations state that the beneficiary of an O-1A petition may provide evidence of the “receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor”. 8 CFR §214.2(o)(3)(iii)(B)(1).
Problem
What’s so difficult about this criterion? Why do so many people get it wrong?
You must have received awards or prizes for excellence in your field of endeavor. A nomination for an award is not enough.
The award or prize must be recognized either nationally (in one specific country) or internationally (at least two countries).
Pro Tips
First, let’s cover what USCIS DOES NOT accept as satisfying this criterion: academic scholarships, poster awards, travel awards, and employment based awards (e.g. employee of the month/year). Keep in mind that patents and trademarks are not considered awards. In addition, awards/prizes granted solely for payment of an entry fee, obviously do not count.
Second, USCIS will consider certain grants/funding awards, doctoral dissertation awards, and awards and prizes received in recognition for excellence in the field of endeavor that are based on a competitive selection process. That is, if you are seeking to satisfy this criterion, you must show:
The reputation of the organization granting the award/prize;
Evidence regarding the significance of the award/prize such as media materials;
The eligibility and selection criteria for the award/prize; and
The number of recipients for the award/prize.
One such dissertation award that was previously recognized for a client of mine was the SPEC Kaivalya Dixit Distinguished Dissertation Award. According to the SPEC Research Group’s website, the award “aims to recognize outstanding doctoral dissertations in the field of computer benchmarking, performance evaluation, and experimental system analysis in general.” (https://research.spec.org/awards)
Keep in mind if eligibility for the award/prize is limited to the employees of a specific company or students of a specific school, such award/prize will most likely not meet this criterion. For example, if a dissertation award is only open to students of a particular university, such award will not meet this criterion.
Third, read the Regulations and USCIS Policy Manual, in particular, “Appendix: Satisfying the O-1A Evidentiary Requirements” carefully and ensure that you are providing documentary evidence that satisfies the entirety of the criterion, not just a summary of what you think it means (or worse, only what you have evidence to show).
Fourth, work with a qualified business immigration attorney who is experienced in representing, preparing and filing O-1A petitions. It is essential to understand the changing definitions, regulatory interpretations and adjudicative priorities of USCIS in order to present the strongest possible petition.