Guide to O1 Visa for Ph.D. Holders

Guide to O1 Visa for Ph.D. Holders

Do you have an extraordinary skill or talent that has won you national and even international awards? Have you been recognized by various bodies in your field as an expert by acquiring a Ph.D. qualification? If you consider moving to the U.S. to work here for a while you’ll need a visa. If you answered yes to the above, you may qualify for an O1 visa.

Below we take a look at getting an O1 visa on Ph.D. status. Your Ph.D. and the acclaim that comes with it could be your ticket to a great future in the U.S.

What is an O1 Visa?

O1 visas have different categories, but in general, it is a non-immigrant visa for people with extraordinary abilities in one of the following categories:

  • Science
  • Arts
  • Education
  • Business
  • Athletics

People with O1 visas have earned awards and acclaim on both a national and an international level for their expertise. The visa will last for a specific period of time and allows the holder to be employed in the field of their specified skill or talent.

Do Ph.D. Holders Qualify for O1 Visas?

Having a PhD is no small thing but does having a PhD alone qualify you for an O1 visa? Is there a category like O1 visa PhD status?  In short, the answer is no. A PhD in itself does not grant you eligibility for an O1 visa. But if you have a PhD, however, the chances are you will fulfil a few of the eligibility criteria for an O1 visa. Your areas of expertise will probably place you in the O1-A visa category.

There is a combination of things that can qualify you for an O1 visa. Each person has a different scenario with a different skill set. The USCIS (U.S. Citizenship and Immigration Services) will look at your application and supporting documentation (including your PhD) and judge whether your credentials are enough to justify an O1 visa. So best would be to take a look at the different eligibility criteria to see if you could qualify.

O1 Visa Eligibility Criteria

Even though the specific eligibility criteria may differ from one field to another, the principles remain the same. You need to prove that you have an exceptional ability. The USCIS website has a long description detailing the O1 visa eligibility criteria. We’ve broken it down into bite size chunks for you.

To see if you might qualify for an O1 visa, take a look if you fit the following requirements:

  • Nationally or internationally acclaimed prizes or awards in your field – You need some kind of recognition for excellence in your field in the form of national or international awards.
  • Membership in an association(s) which requires exceptional achievements as judged by experts – You must be part of some kind of guild, league, or association which recognizes your skillset as judged by people who are experts in your field.
  • Original material you created which is published in professional or major trade media regarding your field of expertise – Mass media outlets need to have published your original material about the work in your field.
  • Original contributions of major significance – Your work must have made an impact on your industry or field with relative significance.
  • Authorship of scholarly articles in professional or major media in your field – You must have published work of an academic standard and quality in either professional or major media.
  • Earn a salary that is high when compared to your peers – You need to be part of the top (if not the top) earners in your specific peer group.
  • Participation as a judge of the works of others in your field – You are regarded as an expert and your advice or approval is sought after. So much so that you are part of something that provides this service or consultation.
  • Employment in a critical or essential capacity for organizations and establishments with distinguished reputations – The organizations you work for must have a good and strong reputation and you fulfill an essential role there.

The USCIS does not have a fixed formula to which they determine your eligibility. The officer presiding over your case has to decide whether you fulfill enough of these requirements to be eligible for an O1 visa with your PhD. Many immigration attorneys say you need to fulfill at least three of the above-said criteria to stand a chance of gaining eligibility. Make sure you provide all possible material in aid of your case for eligibility as this can only increase your chances.

As a PhD qualified individual, you must submit any and all work you’ve published that fulfills these requirements. Name any groups and associations you are affiliated with which can increase your chances. You still need to prove that you are eligible for an O1 visa as your PhD alone won’t do.

O1 Visa Application for PhD Holders

You will apply for the visa just like any other O1 visa applicant will.

You need someone in the U.S. who wants you to come live and work here temporarily. They will be your petitioner. Your petitioner will file a Form I-129 with the USCIS in which they request that you be granted an O1-A visa. They are not allowed to file a petition for longer than a year before your services are needed. To allow for some processing time, they can file the form about 45 days before you begin your employment with them.

The following documents will need to accommodate your Form I-129.

Employment Contract

A copy of the written employment contract between you and your U.S. employer (petitioner) needs to be included. You won’t get the visa if there isn’t a work-related reason to come here. If you don’t have a work contract, you have to provide emails regarding your agreement to work for your employer.

Itineraries

The USCIS wants to see the nature of the events and activities you’ll be engaging in whilst you are here. You need to detail the dates and reasons for every activity and event. The USCIS wants to see proof that you are indeed in the U.S. for work related to your field of expertise.

Evidence of your Extraordinary Ability

As stated above, you need to supply any and all proof that you are indeed eligible for an O1-A visa. So you will need to show proof of your extraordinary abilities. Include published material, awards, prizes, any memberships to distinguished associations and other information that shows you fulfill this criteria.

Consultation

You basically need a letter of recommendation from someone with expertise in your field to include with your application. This person needs to be part of a larger group or association, like a labor organization.

Please provide the originals of these documents since any watermarks or distinctive official markings are necessary to prove the validity of these documents to the USCIS officer presiding over your case.

The consultation can be waived if you can prove there aren’t any peer groups or organizations of the like for your field of expertise. Your case will then solely be judged upon the evidence you have submitted.

As part of the assessment process, the USCIS may schedule an O1 visa interview with you. You can read more about that here.

Tips for Applying for an O1 Visa as a PhD Holder

Applying for an O1 visa PhD can be quite tricky. So here are a few tips to help improve your chances of success.

Work with an Attorney

Your prospective U.S. employer may have a legal department that can help you with your application. If not, you can consult a private immigration attorney. Immigration attorneys work with a variety of cases each day helping people get new O1 visa PhD or help them extend their O1 visas. They may even be able to help you from an O1 visa to a Green Card.

Don’t worry if the fees seem steep. You can always apply for an O1 visa loan. Getting expert advice which can help ensure your success will be worth it in the long run.

Use Every Achievement You Have to Make Your Case

Don’t look at any honor or prize as insignificant. Include all your prizes and achievements. Create a CV or a resume of some sorts detailing all you have achieved in your career. You can even ask experts in your field to write reference letters to back up the evidence you have provided. Ask people who are internationally recognized to write a letter confirming and recommending your skill set and abilities. You need all the help you can get to fulfill as many of the eligibility criteria as possible.

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Conclusion

Working in the U.S. opens many doors for your career. You can always apply for an O1 visa Ph.D. to come work for a U.S. employer with the exceptional skills you used to get your Ph.D. in the first place. Include any and all information that proves your extraordinary abilities. Start today and take the next step in your career.

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