O-1 and EB1A

N

natty67

Registered Users (C)
Hi,

My O-1 petition (business software/enterprise architecture) has been approved by USCIS. We filled for all the eight criteria. Regretfully there are changes in the company that filled the visa and I want to file for EB1-A. I'll be happy to know what are my chances to get my I-140 approved and if I can file it based on my approved O-1 visa.

Thanks
 
Before AOS, I was on P-1 (not O-1), but I'm familiar with O-1 category. Obviously, you've already proven your extraordinary ability once, so proving that again shouldn't be a problem, especially since you've addressed all eight O-1 criteria.

However, O-1 and EB-1 EA criteria are not exactly the same, so try to elaborate on some of the "new" (additional) requirements. Also - on the "old" (similar) criteria - you're gonna have to start from scratch (address every requirement again), since the case will be reviewed by an officer unfamiliar with your O-1 argument and he/she will be basing his/her decision solely on the evidence in your EB-1 EA package. Another thing - make sure and provide even more evidence on the "old" (similar) criteria than you did for O-1 (especially on "international acclaim"). The reason I'm saying it is this:

"Evaluating E11 [EB-1 EA] petitions filed on behalf of O-1 nonimmigrants: In some cases an E11 petition may be filed on behalf of an alien who was previously granted the O-1, alien of extraordinary ability nonimmigrant classification. Though the prior approval of an O-1 petition on behalf of the alien may be a relevant consideration in adjudicating the E11 petition, you are not bound by the fact that the alien was previously accorded the O-1 classification if the facts do not support approval of the E11 petition; eligibility as an O-1 nonimmigrant does not automatically establish eligibility under the E11 criteria for extraordinary ability. Each petition is separate and independent, and must be adjudicated on its own merits, under the corresponding statutory and regulatory provisions. Moreover, the O-1 nonimmigrant classification includes different standards and criteria for aliens in the arts, athletics, and the motion picture industry. In such cases, there would be nothing inconsistent about finding that an alien in the arts has “distinction” according to the nonimmigrant criteria, but not “national or international acclaim” according to the immigrant criteria.

You should be aware that, some courts, notwithstanding the fact that each petition must be adjudicated on its own merits, have asked USCIS to provide an explanation as to why, if the alien had previously been classified in a roughly analogous nonimmigrant category, USCIS has determined that the alien is not eligible for classification in the employment-based immigrant visa classification in question. For this reason, where possible, it would be appropriate to provide a brief discussion, geared to the specific material facts of the underlying I-140 petition, as to why, notwithstanding the previous nonimmigrant visa petition approvals, the petitioner has failed to meet its burden to establish eligibility for approval of the I-140 petition."

(Quoted from Adjudicator’s Field Manual on EB petitions, once kindly provided by ginnu - I've attached it further. There is more useful information on EB-1 EA criteria there, so look through it!)

Anyway, I hope this was helpful. Good luck! :)
 
Last edited by a moderator:
Hi, I had an O-1 for 5 years and I just got my Green Gard (EB1-EA). Even though having the O-1 helps, is totally a diferent process and criteria, they get way tougher with EB1-EA and they put special attentions to O-1 holders, they even mention that on my 140 Rfe, they said that having an O-1 did not put me in the EB1 category. My advice is yes, if you feel like applying for EB1ea do it, but get a really good lawyer and dont rush the process, make sure your case is displayed in a very good way!


good luck!
 
I had an O1(finance) for 4 months before I applied for EB1-EA. I was approved for EB!-EA but as Tipotodo mentions you have to prove your eligibility all over again. I dont know if it esp helps to have an O1 but I cannot stress enough the importance of a very good presentation to back up all the points to prove your EA status. Good Luck.
 
Thank you

Thank you all. I already start an evaluation of my O-1 petition to see how strong it is for getting EB1-EA.
 
EB-1 Sample Petition Letter & Recommendation

I have a Ph.D in engineering and I will prepare for EB-1A without lawyer.
Could anybody who was approved for EB1A provide me with the sample petition letter and recommendation?

My email is nkl700@gmail.com

I would greatly appreciate if send me them.
 
You must log in or register to reply here.
Top