EinsteinKit

O-1A for software engineers: what to build and how to qualify

Most engineers I talk to have more O-1A evidence than they think, but it's scattered across GitHub, internal docs and old emails. The work is to pick the right three criteria and make each one obvious to an officer who has never heard of your company.

Sai Veda, founder of EinsteinKit

Sai Veda
Approved for the O-1A twice. Updated October 2026.

The criteria engineers usually use

  • Judging: hackathons first, then reviewing papers for conferences and workshops.
  • Scholarly articles: a paper about a system you built, at an IEEE conference or a workshop at a bigger venue.
  • Original contributions: open source with real users, or a system with numbers that show its impact outside your team.
  • Critical role: leading a team or a key project at a well-known company, or an early role at a funded startup.
  • High salary: only if your pay is clearly above others in your role and city.

What usually doesn't count

  • GitHub stars on their own, without proof that people or companies rely on the project
  • Posts on your own blog, Medium or LinkedIn
  • Internal awards and performance reviews
  • A senior title with no proof of what you led

A realistic plan

In my case, judging, papers and a critical role carried both petitions. If you're starting from zero, email hackathon organizers this week and pick one real project to write up as a workshop paper. Then collect the numbers for your best work while you still have access to them.

Who files the petition

A US employer or an agent files the O-1A. That can be your current employer, a new one, or an agent that represents you. Ask your lawyer which setup fits your situation.

Questions

Can I switch from H-1B to O-1A?

Yes. An employer or agent can file an O-1A petition for you while you're on H-1B, and many engineers make this switch. Your lawyer will handle the timing.

Do I need papers to get an O-1A as an engineer?

No, but they help a lot. Judging, original contributions and a critical role can make the case without papers.

Read the criterion guides

This is what worked for me, not legal advice. Talk to an immigration lawyer about your case.

Sources

Official rules this guide is based on. Check them, and ask your lawyer, before you file.

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