Chicago Immigration Lawyer Blog

The Chicago immigration attorneys at Zneimer & Zneimer can provide analysis regarding whether an O-1A petition is viable alternative to a person who was not selected for H-1B.  The O-1A is a very document-intensive petition and sometimes omission of available evidence may lead to denial.

For example, the Administrative Appeals Office recently published a decision affirming USCIS’s  denial for O-1 for a Cardiologist.  The AAO went even further by withdrawing USCIS’s finding that the physician met the criteria as a judge of the work of others.  The AAO determined that the USCIS made a mistake in finding that the Cardiologist met this criteria because while the Cardiologist demonstrated that journals have sent invitations for review, the documentation submitted to USCIS did not include evidence that the doctor actually did the reviews.

According to the AAO, the record did not contain sufficient documentary evidence demonstrating that the beneficiary met this criterion. The petitioner submitted invitations and articles authored by the beneficiary, but these did not establish that the beneficiary had reviewed journal submissions or acted as a judge of the work of others. The petitioner also asserted that the beneficiary had served as an instructor and been involved in projects improving medical care, but again, there was no detailed or corroborated information provided to support the claim that the beneficiary had participated as a judge of the work of others. In order to meet this criterion, a petitioner must show that the beneficiary has not only been invited to judge the work of others, but also that the applciant actually participated in the judging of the work of others in the same or allied field of specialization.

The O-1A visa is designed for individuals with extraordinary ability in the sciences, education, business, or athletics. To qualify for an O-1A visa, applicants must meet at least three criteria, one of which is published material about the alien in professional or major trade publications or other major media relating to the alien’s work in the field for which classification is sought. At Zneimer & Zneimer, our experienced immigration attorneys can help you navigate the O-1A visa application process and provide guidance on this specific criterion.

To meet this criterion, the published material must be related to the applicant and their specific work in the field for which classification is sought. The material should be about the applicant, not just their employer or another organization they are associated with. Marketing materials created for the purpose of selling the applicant’s products or promoting their services are not generally considered to be published material about the beneficiary.

In addition, the publication must qualify as a professional publication or major trade publication or a major media publication. Evidence of published material should establish that the circulation (online or in print) is high compared to other circulation statistics and show who the intended audience of the publication is, as well as the title, date and author of the material.

Therefore, the applicant must document the published material as well as the publication itself.

• Publication name
• Circulation online or in print
• Comparison to others
• Title, date, author of the material about the applicant

Professional publications are those that are targeted towards a specific profession or industry and are read by individuals who are experts in that field. These publications may include

• academic journals,
• scientific publications, or
• industry-specific magazines.

Professional publications are typically peer-reviewed and are considered to be reliable sources of information within the field.

Major trade publications, on the other hand, are publications that are Continue reading →

The O-1A visa is designed for individuals with extraordinary ability in the sciences, education, business, or athletics. To qualify for an O-1A visa, applicants must demonstrate that they have achieved a level of expertise that is significantly above that of their peers in their field. At Zneimer & Zneimer, our experienced immigration attorneys can help you navigate the O-1A visa application process and analyze each criteria to determine if you qualify.To qualify for an O-1A visa, applicants must meet at least three of the following criteria:

1. Documentation of the beneficiary’s receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
2. Documentation of the beneficiary’s membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;
3. Published material in professional or major trade publications or major media about the beneficiary, relating to the beneficiary’s work in the field for which classification is sought, which must include the title, date, and author of such published material, and any necessary translation;
4. Evidence of the beneficiary’s participation on a panel, or individually, as a judge of the work of others in the same or in an allied field of specialization for which classification is sought;
5. Evidence of the beneficiary’s original scientific, scholarly, or business-related contributions of major significance in the field;
6. Evidence of the beneficiary’s authorship of scholarly articles in the field, in professional journals, or other major media;
7. Evidence that the beneficiary has been employed in a critical or essential capacity for organizations and establishments that have a distinguished reputation; or
8. Evidence that the beneficiary has either commanded a high salary or will command a high salary or other remuneration for services, as evidenced by contracts or other reliable evidenc

The first criteria for O-1A visa eligibility is receipt of nationally or internationally recognized awards or prizes for excellence in the applicant’s field of endeavor. This criterion is one of the most straightforward ways to demonstrate extraordinary ability, as it provides concrete evidence of the applicant’s achievements and recognition within their field.

To meet this criterion, the award or prize must be significant and widely recognized within the applicant’s field of endeavor. This can include awards or prizes from government agencies, professional associations, or other reputable organizations. It is important to note that the award or prize must be based on the applicant’s individual accomplishments and not on the achievements of their Continue reading →