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
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
If you are a survivor of abuse and are married to a United States citizen or permanent resident, you may be able to obtain a green card by filing a self-petition under the Violence Against Women Act (VAWA). The VAWA program is a helpful tool for domestic abuse survivors to stay permanently in the United States without the assistance of their spouses. However, petitions can be denied, and there are some common reasons why they are denied. Submitting Incorrect Forms To The Incorrect Place When filing a petition for a VAWA green card, it is important that you submit the correct forms that are required for the petition. These forms can depend on your status. For instance, if you are facing removal proceedings or if you are facing an adjustment of status based on your marriage, there may be different forms that apply. In addition, you must be sure that the application is filed in the right place, depending on your immigration status. Submitting Incorrect…Read More
When seeking visas for entertainers and athletes, the two most common visas considered are the O visa and the P visa. Both visas are nonimmigrant visas that are used for the purpose of coming to the United States to perform a sport or craft. However, there are some important differences to consider when deciding which visa is the right one for you. What Is An O Visa? An O Visa is available for those individuals who demonstrate extraordinary ability in the fields of sciences, arts, education, business, athletics, film, or television. Applicants for O visas must show that they have national or international acclaim or that they have received internationally recognized awards. What Is A P Visa? A P visa is available for athletes, entertainers, entertainment groups, and culturally unique artists. For athletes applying for a P visa, it must be demonstrated that the individual has a level of skill substantially above the ordinary ability for athletes. Entertainers must be internationally recognized. Advantages Of An…Read More
Although obtaining an O-1 visa is no small feat, the advantages are tremendous. One of the greatest advantages is that you are permitted to have dual intent when you have an O-1 visa. This means that you can intend to apply for permanent residency while in the United States on your O-1 visa. Not every visa is a dual intent visa. With an O-1 visa, your status will not be jeopardized if you decide to apply for a green card. There are some important steps you should take to change your status from an O-1 visa to a green card. Choose Your Green Card First, you should determine which green card is right for you. Because the requirements are similar to those of an O-1 visa, many choose to pursue the EB-1A for those with extraordinary achievement or the EB-1B for outstanding researchers and professors. Neither of these green cards requires a labor certification. In addition, the EB-1A does not require a job offer or…Read More
L-1 visas are useful tools for businesses that are attempting to transfer workers over to an office in the United States. Here are some frequently asked questions about L-1 visas: What Is An L-1 Visa? An L-1 visa is one of the most useful immigration tools for foreign companies looking to make ties with the United States. This visa facilitates the transfer of key employees to the United States from companies that are related to or affiliated with United States corporations. As long as the specific requirements of the visa are met, nationals from all countries are welcome to use it. What Are The Advantages Of An L-1 Visa? An L-1 visa allows an individual to: Work in the United States for an organization that is a subsidiary, branch, affiliate, or parent of the company for which they worked in a foreign country Travel outside and within the United States Obtain visas for their spouse and minor children. Spouses are permitted to work under their…Read More