O-1A · EB-1A · EB-1B · EB-1C

Your Extraordinary Ability.
Your Path to the United States.

For startup founders, scientists, IT professionals, researchers, and executives. Personalized immigration strategy from a top-rated business immigration law firm.

1000+ Cases Won
17+ Years in Business
25 Professionals
93% EB-1A Approval Rate (2024)
99% O-1A Approval Rate

Extraordinary Ability Visas & Green Cards

We will break down the following visa classifications designed for entrepreneurs, founders, scientists, IT professionals, and executives.

Work Visa · Up to 3 years
O-1A

Designed for individuals with extraordinary ability in sciences, education, business, or athletics. Provides work authorization for up to 3 years, with the possibility of unlimited 1-year extensions. Ideal for startup founders, engineers, scientists, business leaders, and tech professionals with national or international recognition.

Green Card · Permanent
EB-1A

A permanent immigration option for individuals with extraordinary abilities. Shares the same legal criteria as O-1A but requires more objective documentary evidence. You must demonstrate sustained national or international acclaim — rising to the top of your field. Self-petition available — no job offer required.

Green Card · Academia
EB-1B

For outstanding professors and researchers with a demonstrated record of significant achievements. No labor certification required. Requires: a substantial body of work (publications, citations, awards), a job offer for a tenure-track position, and 3 years of teaching or research experience.

Green Card · Executives
EB-1C

For executives and managers transferring to a U.S. branch of their multinational company, or entrepreneurs who want to establish a U.S. subsidiary. Must have worked in an executive or managerial role abroad for at least 1 year in the past 3 years. No labor certification required.

O-1A to EB-1A pathway: For most professionals, an O-1A visa is an ideal stepping stone to an EB-1A green card — the criteria for the two categories are very similar. Starting with O-1A is faster, and USCIS O-1A approval strengthens your EB-1A case.

Do You Qualify?

To qualify for O-1A or EB-1A, applicants must demonstrate sustained national or international acclaim by meeting at least 3 of these 8 criteria:

Membership

Membership in distinguished organizations that require outstanding achievements as a condition of admission.

Publications

Published material about you or your work in major media or trade and industry professional journals demonstrating your recognition in the field.

Judging

Participation as a judge of the work of others in your field — including peer reviews, panel judging, hackathons, startup competitions, and advising professionals in your area of expertise.

Original Contributions

Original scientific, scholarly, or business-related contributions of major significance in your field that have influenced or advanced the work of others.

High Remuneration

Command of a high salary or other significantly high remuneration compared to peers in your industry. For example, senior software developers in the U.S. earn over $200K annually.

Authorship

Authorship of scholarly articles published in major media or professional journals in your field, demonstrating your expertise and contributions to the discipline.

Critical or Leading Role

Performance in a critical, leading, or essential role at an organization or establishment that has a distinguished reputation in the field.

Awards or Prizes

Receipt of nationally or internationally recognized prizes or awards for excellence in your field of expertise.

No degree required. Eligibility is based on objective evidence of your past work experience and achievements. We build cases by meeting or exceeding all possible criteria — not just the minimum three.
Check My Eligibility →

O-1A for Startup Founders & Entrepreneurs

O-1A provides greater flexibility and fewer restrictions compared to other work visa categories:

  • Your own U.S. company can file an O-1A petition for you as a founder.
  • O-1A visa does not have a prevailing wage requirement — structure your compensation to align with your startup’s financial realities.
  • O-1A enables raising capital, hiring employees, and fully managing your business.
  • To apply through your startup, we recommend showing a minimum of $50,000 to demonstrate the company can pay a reasonable salary.
  • If your company isn’t registered yet — no problem. Our firm assists with every step, including company registration and creating a business plan.

Benefits of EB-1A Green Card:

  • Faster processing than other employment-based immigrant visas
  • No labor certification required
  • No job offer required — you can self-petition
  • Indefinite permanent residency
  • Option to apply for U.S. citizenship after 5 years
  • Unlike O-1A, EB-1A does not tie you to a specific employer

Our Process

The immigration process is complex and stressful but can become more manageable with proper guidance. Our legal team will review your documentation, help build a strong case, and guide you through each step.

Schedule a Consultation

You will confidentially discuss your situation and the different options we can offer. You will leave with an action plan, understanding of timelines, and an estimate for our services. Please send us your CV beforehand — it helps us prepare for the meeting.

Sign Our Retainer Agreement

We will send you an electronic agreement you can sign online and the first invoice. We usually charge 50% of attorney fees upfront and 50% before filing the petition.

Onboard

Our Onboarding Specialist will: schedule a 30-minute Zoom call to explain our petition preparation process; invite you to our communication app where you can track each stage of your case; invite you to our case management portal where you’ll upload evidence and complete your worksheet; introduce you to our partners — business plan writers, business attorneys, payroll providers, PR companies, and taxation specialists.

Meet the Legal Team

After reviewing your documents, the onboarding specialist schedules a strategy call with the legal team. The attorney will advise on how we will argue the case and what additional evidence can strengthen it.

Review Your Petition & Sign

We prepare immigration forms, draft the legal argument, and compile all evidence as exhibits. We share the petition packet with you for final review. Sign in our office or send signature pages by email.

We File & You Get Approved

After filing with USCIS, we email you all notices (Receipt, Fingerprint Appointment, Interview if any, Decision). We follow up with USCIS if review exceeds standard processing times. If an RFE is issued, we respond at no additional charge. If denied, we refile free of charge.

Our firm’s highly personalized service and deep expertise allow us to prepare strong, well-supported cases. Unlike many other firms, we do not charge extra for RFE responses or refiling. When you choose us, you invest in a service prioritizing results and long-term success.

Visa Timelines

O-1 Timeline

  • Petition preparation: 2–3 months after you provide all evidence
  • USCIS Processing (Form I-129): 2–6 months standard; 15 business days with Premium Processing ($2,805)
  • If abroad: Consular Processing — visa appointment wait varies by embassy (days to months)
  • If in U.S.: Change of Status — start working immediately, get O-1 stamp when you next travel abroad

EB-1 Timeline

  • Visa backlog can cause delays for applicants from India and China
  • Petition preparation: 2–3 months after you provide all evidence
  • USCIS Processing (Form I-140): 7–19 months standard; 15 business days with Premium Processing ($2,805)
  • If abroad: Consular Processing — 6–24 months (DS-260, NVC 1–3 months, interview, green card by mail)
  • If in U.S.: Adjustment of Status — 8–14 months (I-485, biometrics 1–3 months, EAD 3–6 months, Green Card 2 weeks after approval)
Premium Processing does not increase approval chances but provides peace of mind and enables better business planning.

Common Questions

No. Academic articles must be published in major media outlets, science journals, or industry and trade professional journals — not personal websites or social media.
Yes. Academic articles from Bachelor’s, Master’s, or PhD studies may meet the published scholarly articles criterion, and the research might also meet the original contribution criterion.
No, evaluating subordinates as part of your regular job duties doesn’t count. We recommend external activities — judging awards competitions, hackathons, startup competitions, or advising professionals in your field.
No degree requirement. Eligibility is based on objective evidence of your past work experience and achievements.
You must be sponsored by a U.S. legal entity — either your employer (if you hold a critical role) or your own U.S. company. Our firm can evaluate your credentials and provide an attorney opinion letter to prove your O-1A qualification to your employer.
We filed 87 EB-1A petitions in 2024. USCIS approved 84 of them — a 93% approval rate. Our approval rate for O-1A and EB-2 NIW cases is 99%. If your case is denied, we refile free of charge.
No lawyer can guarantee approval — anyone who claims they can is not being truthful. We thoroughly prepare your petition, carefully argue each criterion, and build the strongest possible case. If USCIS rejects your petition for any reason, we will refile it for you free of charge.
Premium Processing ($2,805) expedites USCIS review. For O-1A (Form I-129) and EB-1A (Form I-140), USCIS decides within 15 business days. If they fail to meet this deadline, they must refund the fee. Premium Processing does not increase approval chances but provides certainty of timeline for business planning.

About Katya Stelmakh, Esq.

Our firm’s vision is a world where ambition earns opportunity and talent has no borders.

I’m Katya Stelmakh, Founder and CEO of Stelmakh & Associates, LLC — a business immigration law firm.

We help entrepreneurs, startup founders, scientists, IT professionals, and their families with work visas and green cards.

I was in the same shoes. When I was 19, I came to the U.S. on a J-1 Exchange student visa from the Soviet Union — a very empowering experience. I decided to pursue legal status in the U.S., advance my career, and establish my life here.

With over 20 years of experience in U.S. immigration law, I have guided Stelmakh & Associates to achieve a 97% approval rate, helping thousands of professionals, startup founders, and entrepreneurs.

Check Your Eligibility — Free

Complete the form and our intake team will contact you within 24 hours to schedule a free consultation to discuss your visa qualifications, timelines, and next steps.

Thank you!

We’ll be in touch within 24 hours.

“Our firm’s vision is a world where ambition earns opportunity and talent has no borders.”