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What is the “Original Contributions” Criterion for the O-1A Visa?

To obtain an O-1 visa, you must meet at least three of the eight "extraordinary ability" criteria.

O-1 original contributions

The O-1A Visa Overview

The O-1A visa is a work visa that allows foreign nationals to work in the United States temporarily. 

To qualify for an O-1A visa, you must:

  • Have received a major internationally recognized award such as a Nobel Prize or Olympic Medal.

OR

One of those eight criteria is the "Original Contribution" criterion. 

What is the Original Contribution criterion?

Let's start with the official wording in U.S. Citizenship and Immigration Services' (USCIS) policy manual describing the Original Contribution criterion:

"Evidence of the beneficiary's original scientific, scholarly, or business-related contributions of major significance in the field."

In simpler terms, to qualify for this criterion, you must have invented something that is both:

  1. Original: Something new and unique to your field, invented by you. For example, you created the first 3D dating app, patented a new robotic technology for food delivery, or developed a new nutritional supplement.
  2. Majorly significant: Your invention is making an impact on your field. For example, your 3D dating app is one of the most downloaded apps in the Google Play Store, Uber is testing your food delivery robot, or top medical professionals are recommending your nutritional supplement. 

What evidence can you use to prove that your contribution is original?

To prove your contribution is original, you can gather supporting evidence like:

  • A patent that names you as an inventor
  • Press articles about your invention that describe it as novel, new, unique, or the first of its kind
  • Testimonial letters from industry experts attesting that your invention is novel, new, unique, or the first of its kind (if you work with Legalpad, we'll draft these letters for you)

What evidence can you use to prove that your contribution is majorly significant?

To prove your contribution is majorly significant, you can gather supporting evidence like:

  • Press articles about your invention in major news sources
  • Evidence that leaders in your field are using your invention. For example, evidence Uber is testing your food delivery robots or evidence that top hospitals throughout the U.S. are implementing your nutritional supplement. 
  • If your contribution is a primary product of a company, evidence that the company's success, such as significant revenue, partnerships with reputable companies, venture capital funding, accelerator acceptance, press, and more
  • Testimonial letters from industry experts attesting to the major significance of your invention (if you work with Legalpad, we'll draft these letters for you)

I am CEO of a company that has developed a product that is both original and majorly significant. However, I did not directly build the product. Can I qualify for this criterion? 

It is possible that you can tie the product to you, but not guaranteed. You would need to show evidence that you heavily influenced the development of the product, even if you did not directly build it. The best way to figure out if you can meet this criterion is to book a custom consultation with our immigration team. 

I am an Engineer who worked on a product that is both original and majorly significant. Can I qualify for this criterion? 

If you can be clearly credited with inventing this product, yes. If you are unsure, consult with our immigration team. 

I created something original, but it's not "significant" yet. Can I still qualify?

No. Your invention needs to be both original and majorly significant. However, even if you don't qualify for the original contributions criteria, you may qualify for the O-1A by meeting three other criteria.

I'm the founder of a startup. I don't know if my startup qualifies me for the original contributions criterion.

Many startup founders qualify for the original contributions criterion. Think about it as if you were pitching to investors. What would you say makes your company unique? What makes it significant? Why should investors care about what you're doing? What proof do you have? 

For example, imagine you founded a company that created a food delivery robot. You might show that it is original with patents, white papers, and press articles that call it innovative or new. You might show that it is majorly significant by showing traction, such as pilots or contracts with major companies, awards, and press.

Summary

Original contributions may feel like an intimidating criterion. But don't worry; we will help you tell a compelling story about how you meet it! After working with hundreds of O-1 candidates, we've got it down. Get started with us today. 

About the author:

Annie Blay

Content Marketing Specialist

Before joining the marketing team, Annie helped over 60 Legalpad clients navigate U.S. immigration on the client services team.