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O-1A Criteria – Authorship of scholarly articles in the field

If you’re an exceptional individual seeking to work and live in the United States, the O-1A visa may be the perfect solution for you. This non-immigrant visa is designed for individuals who possess extraordinary abilities in the sciences, arts, business, athletics, or education. However, to be eligible for this visa, you must meet certain criteria, including demonstrating that you have authored scholarly articles in your field.  The Chicago immigration attorneys at Zneimer & Zneimer have reviewed and analyzed this criteria based on the regulations and appellate decisions.

This criterion requires evidence of the authorship of scholarly articles in the field, in professional or major trade publications, or other major media publications. Here’s what you need to know to demonstrate your eligibility:

  1. Determine whether you have authored scholarly articles in your field: A scholarly article reports on original research, experimentation, or philosophical discourse. It is written by a researcher or expert in the field who is often affiliated with a college, university, or research institution. In general, it should have footnotes, endnotes, or a bibliography, and may include graphs, charts, videos, or pictures as illustrations of the concepts expressed in the article.

For other fields, a scholarly article should be written for learned persons in that field. “Learned” is defined as “having or demonstrating profound knowledge or scholarship”. Learned persons include all persons having profound knowledge of a field.

  1. Determine whether the publication qualifies as a professional publication or major trade publication or a major media publication: Evidence of published material in professional or major trade publications or in other major media publications should establish that the circulation (on-line or in print) is high compared to other circulation statistics and who the intended audience of the publication is.
  2. Therefore, the applicant must document their publication record
  3. The applicant must also document the record of the publication, to demonstrate that it is professional publication, or major trade publication, or major media publication.

Professional publications are those that are directed primarily towards professionals in a particular field. These publications should have a significant readership and a high standard for publication.

Major trade publications are those that cover a particular industry or trade and are widely read within that industry or trade. They should have a significant readership and a high standard for publication.

Other major media publications include major newspapers, magazines, and other media outlets that have a significant readership or viewership.  For example, if the applicant has authored an article published in Wall Street Journal about their field, such publication will count for major media.

At Zneimer & Zneimer, our team of experienced immigration attorneys can help you gather the necessary evidence to demonstrate that you meet the O-1A criteria, including the criterion related to authorship of scholarly articles in the field. We understand the complex requirements of the visa application process and can guide you through each step to ensure that your application is strong and convincing.


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