I can answer because I had an O1 visa, and from what I've understood the equivalent green card has roughly the same requirements. If I wanted to apply for a green card while on my O1 visa, I could have went to the same process (I chose to move back to Europe instead). Interestingly going from an O1 visa to the equivalent green cards doesn't require a corporate sponsorship.
Basically if you have something like a Nobel price or a Turing award, you don't need anything else to get the O1 (and probably the green card). If you're like most people and don't have this kind of award, you still have a shot but you need to gather as much evidence as possible. From what my attorney told me at the time, weight matters.
That includes, for science:
- publications
- recommendation letters (preferably a blend from business, research and politicians)
- awards (even things like "the best paper" of a small conference with only 30 papers from local researchers)
- interviews
- be a member of an association only open to certain persons (for example with a Ph.D. you qualify for IEEE membership, and they will deliver a good-looking membership certificate)
So having a Ph.D is not enough, but if are a decently successful researcher and have a good network for the recommendation letters (or your future employer), you can get it without being of Turing award level.
The "extraordinary ability" is applicable also for athletics or business, but I don't know much about those.
Thanks y'all for mentioning the IEEE as an example. It's a great illustration of how the "exclusive memberships" category works (and doesn't work).
Preface: The "membership in associations that require outstanding achievement" category is, interestingly, one of the hardest to satisfy. Adjudicators are trained to focus on minute details of the organization's criteria for membership, and the extent to which they're governed by "recognized experts" in the field.
This has resulted in some incredible nit-picking by USCIS about how "outstanding" you have to be, to qualify for membership, and who chooses you.
In general, organizations that require only a degree (even an advanced degree), or the payment of dues, don't meet the criterion.
The highest tier, "Fellow," "recognizes unusual distinction in the profession and is conferred only by invitation of the Board of Directors upon a person with an extraordinary record of accomplishments in any of IEEE’s designated fields of interest."
THAT is exactly what USCIS is looking for, and it definitely meets the criterion.
The second tier, "Senior Member," "is the highest for which application may be made and requires experience reflecting professional maturity." This level requires that "the candidate shall have been in professional practice for at least ten years and shall have shown significant performance over a period of at least five of those years, such performance including one or more of the following: [list of major professional accomplishments]."
I'd argue that this "Senior Member" tier is also an "exclusive membership," because of all the ways it requires "outstanding achievement" of its members at this level.
All the other levels of IEEE membership are non-exclusive, and I wouldn't bother including them, as they would weaken your case.
Thank you, but to clarify: while the criteria look alike, the standard for EB1A is much higher than the standard for O1. So, for example, while a handful of media mentions might be enough for O1 purposes, they might not be enough for EB1A purposes.
A friend of mine did it in the field of music production. He had no publications or anything. He hired a lawyer ($15,000) and the company he was interning at got a recommendation from some really higher up in Sony. The lawyer wrapped it all up in a few days and sent it along with the expedited processing fee. He had his "your EAD card is on the way" message displayed on USCIS case tracker, so basically "APPROVED" two weeks after filing.
Listening to him talk about it really did feel like he was cheating the system.
Basically if you have something like a Nobel price or a Turing award, you don't need anything else to get the O1 (and probably the green card). If you're like most people and don't have this kind of award, you still have a shot but you need to gather as much evidence as possible. From what my attorney told me at the time, weight matters.
That includes, for science:
- publications
- recommendation letters (preferably a blend from business, research and politicians)
- awards (even things like "the best paper" of a small conference with only 30 papers from local researchers)
- interviews
- be a member of an association only open to certain persons (for example with a Ph.D. you qualify for IEEE membership, and they will deliver a good-looking membership certificate)
So having a Ph.D is not enough, but if are a decently successful researcher and have a good network for the recommendation letters (or your future employer), you can get it without being of Turing award level.
The "extraordinary ability" is applicable also for athletics or business, but I don't know much about those.