O-1A Published Scholarly Articles
O-1A Published Scholarly Articles
Video Transcript – O-1A Published Scholarly Articles
Welcome to our O-1A video presentation series. In this presentation we’re going to focus on the O-1A visa category—Published Scholarly Articles by you.
The official wording of this O-1A visa category is:
“Evidence of the alien’s authorship of scholarly articles in the field, in professional journals or other major media”
Basically, the key question here is: Has your work been published in a major trade publication or other significant media outlet? It’s a straightforward yes or no question.
Now, let’s talk about an important court decision that shaped how USCIS looks at this requirement. In the Kazarian v. USCIS case (decided by the Ninth Circuit Court of Appeals in 2010 for an EB-1 Green Card case), the court ruled that just being published isn’t enough—USCIS uses a two-step approach to assess your publications.
- Step One: Have you been published? (Yes or No)
- Step Two: Did your publication have a meaningful impact in your field?
Let’s break this down further.
If you’ve earned a PhD, chances are you’ve been published somewhere—it’s almost a requirement for obtaining a doctorate. That means simply having a publication doesn’t automatically prove you’re at the top of your field. It does, however, satisfy Step One of the process.
Now, USCIS adjudicators—who are not experts in your field—need clear, objective evidence to determine whether your work has had an impact. That’s why they look for additional markers of influence, such as peer review and citations.
Academics know there’s a big difference between soft publications (where articles are accepted as long as they fit the publication’s theme) and peer-reviewed journals (where other respected academics critically assess the article before publication).
Peer review is a rigorous process—it can take six months or more, with multiple rounds of revisions before an article is deemed strong enough to be published. If you’ve been through it, you know the effort involved!
From an immigration standpoint, USCIS sees peer-reviewed articles as having more credibility than those published without it. Some journals are exclusively peer-reviewed, and these are recognized within academic circles as being particularly prestigious.
Another factor USCIS considers is whether other scholars have cited your work. The logic is simple:
If other researchers reference your article, it’s a sign that your work has value and contributes to the field.
If your article has never been cited and hasn’t been through peer review, an adjudicator might question whether it carries significant weight.
That said, not every field relies heavily on peer review or citations. For instance, in business and economics, many influential articles appear in major business publications rather than academic journals. USCIS understands this and allows applicants to submit alternative evidence to show their impact.
Our job is to work closely with you to gather and present the strongest possible case. USCIS has strict documentation requirements, and meeting them takes time and precision. While it can be a detailed process, presenting high-quality evidence can greatly increase your chances of approval.
In our next presentation, we’ll explore the ‘Critical or Essential Capacity’ category.
We hope you’re enjoying our O-1A visa presentation series. If you’re ready to take the next step, contact us for a free consultation—we’d love to discuss your case and help you get started.
Attorney Chris M. Ingram
Chris M. Ingram, a U.S. Immigration Attorney, is originally from Northampton, England. He earned his BA (Hons) in Law from De Montfort University, Leicester, UK, in 1994. In 1996, he completed his Post Graduate Diploma in Legal Practice (PGDLP) at De Montfort School of Law, followed by a Master of Laws (LL.M.) from Huddersfield University, UK, in 1998. After relocating to the United States, Chris was admitted to the New York State Bar in 2003 and has been a proud member of the American Immigration Lawyers Association (AILA) since 2004.
Having experienced the U.S. immigration process firsthand with his wife and three children, Chris M. Ingram founded his law firm with a mission to ensure that every client receives the best possible immigration experience. He recognized the need for accessible and comprehensive immigration education, leading him to develop one of the most informative online platforms available today.
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