O visas are a useful tool for individuals of extraordinary ability who wish to work in the United States. Here are some frequently asked questions: What Is The Purpose Of An O Visa? The O visa is a nonimmigrant visa available to those individuals, and their families and support personnel, who demonstrate extraordinary ability in the sciences, arts, education, business, or athletics, or who have a demonstrated record of extraordinary achievement in the motion picture or television industry. What Are The Benefits Of An O-1 Visa? Unlike with an H1-B visa, there is no lottery that an employee has to go through for an O-1 visa. O visas can be issued fairly quickly and are granted for a maximum of three years with unlimited one-year extensions. O-1 visa holders may also pursue permanent residency. What Does “Extraordinary Ability” Mean? The phrase “extraordinary ability” means that a person has a level of expertise and is one of that small percentage of individuals who have risen to…Read More
It appears that the Trump administration plans to increase immigration fees for many business applications by 50%. It also will increase the fees paid by workers to become citizens or gain permanent residency. This increase in fees could hit businesses hard. Proposed Rule On Immigration Fees In November of 2019, the Department of Homeland Security (DHS) published a proposed rule. This rule called for an increase in fees for key business immigration categories. It amounts to, essentially, an increased tax on businesses that use foreign workers. Undermining the argument that an immigrant workforce takes jobs away from Americans is the fact that job openings in the U.S. outnumber the unemployed. The increase in fees will likely not decrease the slow processing times that many have experienced lately. The rules specifically state that factors that are affecting processing times will not be changed. The average USCIS processing time has increased by 91% between 2014 and 2018. This is even in light of the fact that the number…Read More
Just like most nonimmigrant visas, you cannot self-petition for an O-1 visa. Your O-1 visa petition must be sponsored by an authorized United States-based individual or organization. Even if you want to work for multiple employers as a contractor or freelancer, your petition must be sponsored by those employers or by an agent. Authorized sponsors of an O-1 petition include: United States Employer An employer who will be providing you with a job can sponsor your O-1 visa petition. If you intend to only work one job the entire duration of your visa, then you only need one sponsor. It must be established that the employer has a job offer for you. There must be an agreement on the job description, the wages, and other terms and condition between you and the employer. If you will be working for multiple employers, then each employer must submit a separate petition detailing the activities involved in the jobs. Agent When there is not a traditional employee/employer relationship…Read More
As part of your application for an L-1 visa, you will be required to undergo in an in-person interview with a consular officer. The consular officer will primarily be ensuring that you meet all of the requirements of an L-1 visa before issuing the visa. You may be nervous about your L-1 visa interview, so here are some tips to help you prepare. Prior To The L-1 Visa Interview Be sure to arrive at the interview 15-30 minutes in advance. Make sure you are in the right line at the consulate. Make sure that all your documents are in proper order. Make sure that you thoroughly understand all of your documents. If your company offers mock interviews, be sure to attend them. Know the team structure at your current job and how it will work in the United States. Dress is what you are comfortable in. A suit and tie are not necessary but make sure you look neat and clean. Behavior During The L-1…Read More
When sponsoring an L-1 visa, there is no restriction on the type of business that can be a sponsor. Corporations, LLCs, government-owned entities, non-profits, and charitable organizations can all be sponsors. There is no requirement that the company be U.S.-owned or incorporated. There are several business entities that may qualify. As long as these entities meet the definition of a “qualified organization,” the foreign national will be granted temporary, nonimmigrant work status in the United States. Branch A branch is an operating division of the same organization that is located in a different place. They are different operating locations of the same company. A multi-national corporation will have branches in different countries. A foreign company with a branch in the United States qualifies for an L-1 visa, as does a U.S. company with a foreign branch. Subsidiary A subsidiary is a firm, corporation, or other legal entity, where a parent company owns, directly or indirectly, more than half of the entity or controls the entity.…Read More
An O-1 visa is very useful if you are looking to temporarily work in the United States. This visa provides substantial advantages, but it can be difficult to obtain. It is necessary to demonstrate that you are an individual with extraordinary ability. In order to qualify for an O-1 visa, you must prove that you have extraordinary achievements in your field. Depending on the category, you must demonstrate extraordinary ability in science, athletics, business, education, or the arts. There is a list of different qualifications for each of these visas and as long as you meet three or more of the requirements you may be able to obtain an O-1 visa. Some of the advantages of an O-1 visa include: Sponsors While you cannot self-petition and you must have a sponsor for an O-1 visa, there is some flexibility in who can sponsor you. Most work visas require that the sponsor be someone who will employ you in the United States. With an O-1 visa…Read More
A visa with dual intent allows a foreign national to be present in the United States with the intention of becoming a permanent resident. Most visas require that the applicant intends to eventually return to their home country. Therefore, attempting to adjust your status while on that type of nonimmigrant visa can have a detrimental effect on your immigration possibilities. Nonimmigrant Intent Before receiving a visa, an applicant must make clear their intention to the consular office. If they are not truthful it could be considered fraud and this could have a long-term negative effect on their status. Every consular office presumes that someone is an immigrant unless they can establish nonimmigrant intent. To prove nonimmigrant intent, an individual should show that they have a permanent residence in their country that they have not abandoned. They should also show that they do not intend to permanently immigrate to the United States and that they are simply visiting the country. Other factors considered include family and…Read More
Under the Trump administration, it is becoming more difficult for foreign-born athletes who want to work or live in the United States. These athletes are among the thousands of prospective immigrants who claim that they have exceptional levels of achievement. They face the hurdle of the administration’s efforts to more tightly control immigration. P Visas P visas allow athletes and artists to live and work in the United States for the duration of their visas. P visas also allow spouses and children of these individuals to live in the U.S. In addition, a P visa can allow for coaches and trainers to accompany the P visa holder. Under the Trump administration, P visa holders have had to jump through more hoops to get approval. From the end of the fiscal year 2016 to the fiscal year 2019, the share of petitions that have been asked to provide additional evidence has gone up approximately 20%. The administration has taken a hardline approach to establishing who is…Read More
Foreign investors have different options when it comes to moving to the United States. Among the best ways are E-2 visas and EB-5 green cards. Each of these avenues have different requirements and your choice will depend on your individual situation. E-2 Visa Requirements In order to be eligible for an E-2 visa you must be from one of the treaty countries. You must invest substantial funds, generally around $150,000, and have at least 50% ownership in the business. You must also have a strong business plan and work on developing and directing the business. There are no quotas on E-2 visas and the processing time is fairly quick. However, there is no long-term certainty with an E-2 visa and they are only approved for up to five years at a time. However, they can be renewed indefinitely in five-year increments. The main advantage of E-2 visas is the speed of entry. EB-5 Green Card Requirements Nationals of all countries are eligible for EB-5 green cards,…Read More
For years, businesses have focused on using the H1-B visa in order to get highly talented employees to the United States. However, since early 2017, obtaining work authorization as a highly-skilled employee has become more difficult. Over recent years there have been significant delays and an increase in denials. Applicants must also overcome the hurdle of being selected in the lottery for visas. In the wake of these issues, there is a visa that many businesses have overlooked that is being underutilized. The O-1, extraordinary ability visa may be available to many highly skilled professionals and should be a consideration. This visa is the closest the United States has to a merit-based visa. Unlike other visas the O-1 visa focuses on an individual’s past proven ability. Underutilization According to State Department statistics, there are a comparatively small number of O-1 visas processed in the United States. In 2018, only 16,904 O-1 visas were processed. In comparison, there were 179,660 H1-B visas processed and 74,388 L-1 visas…Read More