The first step when seeking an employment-based nonimmigrant visa in the United States is determining which visa is right for you. An experienced immigration attorney can help you weigh the options. You may be deciding between the O-1 visa and the H-1B visa. Each of these two visas has its own unique characteristics and requirements of which foreign nationals and employers should be aware. O-1 Visa An O-1 visa is available for those individuals who demonstrate extraordinary ability in their field. They should be well known internationally for their achievements in fields such as science, art, education, athletics, or business (O-1A vis). The O-1 visa is also available to those individuals who have demonstrated outstanding achievement in motion pictures and television (O-1B visa). An O-1 visa has a long list of evidentiary requirements that are necessary to establish extraordinary ability that must be met by every applicant. Essentially, it is a visa that is available for individuals who can prove that they have risen to…Read More
O-1 visas are available for those individuals who demonstrate extraordinary ability in their field. One of the most common misconceptions about O-1 visas is that it must be tied to a specific employer. Although the term “employer” is often used when referring to O-1 visas, you don’t necessarily have to be an employee to obtain the visa. You can obtain an O-1 visa as an independent contractor sponsored by an agent. Obtaining An O-1 Visa As An Independent Contractor You can obtain an O-1 visa as an independent contractor. However, it is important to keep in mind that you must meet the same criteria as any other O-1 visa applicant. You must demonstrate that you have extraordinary ability in your field. In addition, you cannot petition for your own O-1 visa. In general, all O-1 visa applications must be sponsored by a legal and operating United States-based organization or agency. As an O-1 visa holder, you may only obtain work through the organization or agency…Read More
A P-1A visa is a nonimmigrant visa available to athletes who are coming to the United States to participate in their sport. If you are an athlete or the representative of an athletic team, then the P-1A visa is designed for you. However, there are some important requirements in order to qualify for a P-1A visa. Outstanding Athletes The P-1A visa was designed for individual athletes or teams who can demonstrate international recognition and distinction in their sport. An experienced immigration attorney can help you establish your record of recognition. When filing a petition, it will be necessary to include paperwork demonstrating that you or your team are known in more than one country as a highly-qualified member of your sport. USCIS Requirements Along with your petition, you must include a number of different documents. You will need a written strategy session from a sport-appropriate labor organization. The strategy session is an advisory opinion discussing the athlete or team’s distinctions and supporting a claim of…Read More
If your petition for an O-1 visa extension is denied, you should not panic. You do have options, and all hope is not lost. If you do receive a denial, your first step should be to contact an immigration attorney who can help you with your case. You do have some options that may be available to you and that an attorney can help you with. Motion To Reopen The first motion that should be filed if your O-1 visa extension is denied is a motion to reopen. This is appropriate when new evidence has come to light that may change the outcome of your case. This motion is essentially a petition to reconsider the case when there is new evidence available. Motion To Reconsider If you and your attorney decide that the officer’s decision was erroneous, you can file a motion to reconsider. In a motion to reconsider, you are asking the officer to take another look at your case provided that you have…Read More
To qualify for an O-1 visa, an applicant must show that they have extraordinary ability in their field of endeavor. An applicant must be able to demonstrate that they received, either nationally or internationally, sustained acclaim in their field. They must intend to work in that field when they are in the United States. In the fields of sciences, business, education, and athletics, a person must demonstrate that he or she is at the top of their profession. In the arts, the person must demonstrate that they are a leading figure or person of renown. An applicant for an O-1B visa involved in television or movies must show that they are leading or notable persons in the field. O-1A Visa Evidence Requirements Applicants for an O-1A visa must demonstrate extraordinary ability in the fields of sciences, business, education, or athletics. This can be demonstrated through the receipt of a major award, such as a Nobel Prize. Without such an award, an applicant must demonstrate evidence…Read More
L-1 visa holder’s dependents, including spouses and unmarried children under 21 years, are eligible to accompany the visa holder on an L-2 visa. The application process is fairly straightforward and, once an application is approved, the L-2 visa has a number of significant advantages. Validity Period The L-2 visa is a dependent visa, and therefore the validity period is the same as for the L-1 visa holder. You can remain in the United States as long as your spouse or parent has a valid visa. The initial validity period for an L-1 visa is three years, with the option to extend the period. For L-1A visa holders, the total period allowed is seven years. For an L-1B visa holder, the total period is five years. Employment Authorization An important advantage of an L-2 visa is that the visa holder is permitted to work in the United States. In order to do so, they need to obtain employment authorization documents (EAD). The appropriate documents should be…Read More
International businesses rely on L-1 visas to transfer certain employees from a foreign office to one in the United States. However, now the US State Department is tightening restrictions on L-1 visa transfers and making it more difficult to utilize these visas. L-1 Visas L-1 visas are used by companies with a parent/subsidiary, affiliate, or branch office in the United States to transfer employees to that office. L-1A visas are used to transfer qualified executives or managers. L-1B visas are used to transfer employees with specialized knowledge. The typical L-1 application process is done in two steps. First, an application is filed with the USCIS, and once that is approved, an application can be filed with the U.S. Embassy or consulate abroad. Transferring an employee can take some time. The application process typically takes between two to nine months. With the suspension of premium processing, there’s not much that can be done to get around the wait times. In addition, there has been an increase…Read More
An EB-1 green card is available to foreign nationals who have demonstrated extraordinary ability in their field. Their chosen field can be in the sciences, arts, education, business, or athletics. Extraordinary ability is typically proven through demonstrating sustained national or international acclaim. Benefits Of An EB-1 Green Card EB-1 green cards are particularly desirable for a number of reasons. There is no enforced wait time, which means applications can be processed more quickly. In addition, it is not necessary to get a labor certification. Because of these benefits, EB-1 applications undergo strict scrutiny and can be difficult to obtain. In order to qualify for an EB-1 green card, you should be able to demonstrate that you fall within one of the following categories: Extraordinary Ability You can demonstrate extraordinary ability in the fields of the sciences, arts, athletics, education, or business by showing that you have achieved national or international acclaim. You can also provide evidence that you meet three out of ten criteria set…Read More
Some businesses look to hire foreign workers out of necessity, while others see it as a way to expand their company. Whatever the reason, there are a number of benefits to hiring an international workforce and, while the process can be challenging at times, many businesses find it’s worth their while. Shortages Of Highly Skilled Workers In The United States The United States has a shortage of highly skilled workers in a number of important fields. There is simply not enough local talent in STEM (Science, Technology, Engineering, and Mathematics) fields. If you are having difficulty finding the talent you need in the United States, you should look elsewhere. There are a number of helpful visas available for highly skilled workers to come to this country and work for your business. The most common visa employed is the H-1B for workers with college or advanced degrees. For workers who are very highly skilled, you can consider using the O-1 visa for those with extraordinary abilities.…Read More
If your employer is petitioning on your behalf for an O-1 visa, then it means that you must be a person of extraordinary ability. There are some important requirements that must be met in order to qualify for an O-1 visa, and if you don’t sufficiently demonstrate that you meet those requirements, then your petition may be denied. While an attorney is not a requirement for an O-1 visa petition, it can be very helpful to have an experienced immigration attorney on your side. Rigorous Requirements For An O-1 Visa An O-1 visa is designed for people who demonstrate extraordinary ability in their field. To qualify as an individual with extraordinary ability, there must be evidence that the individual has received an internationally recognized award, such as a Nobel prize or an Academy Award. However, an individual can also qualify if they can demonstrate three of the following requirements: Receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field Membership…Read More