Immigration Lawyers Toolbox Magazine
ORIGINAL CONTRIBUTIONS OF MAJOR SIGNIFICANCE: Properly Understanding and Documenting a Successful O-1A
by ANDREW WILSON, Esq.
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Andrew Wilson, Esq. AWilson@Lippes.com
like to start at the beginning. Every time. Skipping important steps increases the risk of marginalizing an important foundational piece for any process. This explains my affinity for legendary college basketball coach John Wooden. He won 10 NCAA championships in 12 years with UCLA, and yet he started the first practice of every season the same way— “We will begin by learning how to tie our shoes.” My beginning for any O-1A filing is always reading USCIS Policy Manual, Chapter 4 – Burden and Standards of Proof, Sections A & B. This is me “tying my shoes” before evaluating an individual’s eligibility under applicable O-1A criteria. This section of the USCIS Policy Manual reads: A. Burden of Proof
The burden of proof to establish eligibility for an immigrant benefit always falls solely on the benefit requestor. The burden of proof never shifts to USCIS. (See 8 USC §1361) B. Standard of Proof
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ILT Magazine
Issue No . 3
The standard of proof is different than the burden of proof. The standard of proof is the amount of evidence needed to establish eligibility for the benefit sought.
These are simple concepts, but ones that are not always properly appreciated by immigration attorneys when planning and organizing an O-1A filing. This is particularly true when documenting eligibility under 8 CFR 214.2 (o)(3)(iii) (B)(5)—”Evidence of the beneficiary’s original scientific, scholarly, or businessrelated contributions of major significance in the field.” Original contributions of major significance should not be viewed as just one of the criteria we try and hit to reach at least the required three. It is so much more important to the entire O-1A presentation, especially for cases in the sciences. It is the foundation for the entire case, and too many O-1As are tripped up by failing to properly document this critical criterion.
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...we should interpret O-1a eligibility as requiring “Evidence of the beneficiary’s original scientific, scholarly, or business-related contributions of major significance in the field”, and at least two (2) additional criteria that relate to the individual’s original contributions of major significance.