Alternatives to the H-1B: O-1A Visa - Alternative Criterion 6 (Authorship of Scholarly Articles)
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 6
The regulations state that the beneficiary of an O-1A petition may provide evidence of their “authorship of scholarly articles in the field, in professional journals, or other major media”. 8 CFR §214.2(o)(3)(iii)(B)(6).
Problem
What’s so difficult about this criterion? Why do so many people get it wrong? To satisfy this criterion, you must make a two part showing:
The beneficiary written scholarly articles; and
Those articles have been published in professional journals or other major media.
Pro Tips
First, it is critical to note that this criterion DOES NOT require the beneficiary to be the sole or first/principal author of the article. So long as the beneficiary is listed as an author or one of the authors, the first prong is satisfied.
Second, the article must be published in a relevant professional journal (for the specific or allied field) or major media, which can include conference proceedings, major newspapers, and even well-established websites with a large viewership. In order to establish that the publication meets this criterion, it is essential to provide media kit(s) or circulation/readership/viewership data, impact factor (for scientific or academic journals), acceptance rates (for scientific or academic journals, and rankings in the specific field (for scientific or academic journals).
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.