5. HIO submits O-1 petition to USCIS; USCIS makes decision within 15 calendar days (premium processing) or several months (regular processing)
by Admin
Posted on 12-10-2023 10:38 AM
The first step to apply for o1
visa
is to file the o1 application, petition for nonimmigrant worker, on form i-129 with uscis together with the necessary supporting documents and the supplement to form i-129 for o1 visa. You can access the form here. To apply for the o1 visa with uscis you can use premium processing which is 15 calendar days or regular processing which can take couple of months. In order to apply for o1 visa status with uscis, a petitioner who is a u. S.
Employer, u. S.
Agent or a foreign employer through a u.
Form i-129 should be filed at least 45 days before the date of employment, but no earlier than 1 year prior to the start of employment in the us. The standard processing time for a petition to be approved or denied is typically 2-3 months, although processing times may vary depending on the post where the petition is being adjudicated and the level of caseload and other factors such as services restrictions due to the pandemic or us immigration policy. Premium processing may also be available for an additional fee of $2,500. Uscis should then make a decision on the petition within around 15 calendar days.
Change of Status vs. Consular Notification
Now, turning to the focus of this article, we will be addressing the exact processing times and basic steps involved in securing an o1 visa. As stated, current processing times for o1 petitions with uscis range from about 2 weeks to 3 months.
The application process for an o1 visa involves submitting all required supporting evidence, along with the form i-129 and the i-129 o supplement. Additionally, premium processing can also be opted for at a cost of $2,500, which is paid to uscis. From there, uscis will take action on your petition guaranteed within 15 calendar days. If you are already in the united states, you will likely be doing a change of status.
If you are in the us you do not need to leave the united states to get the o-1. You can simply request the uscis to change your current status (such as f-1, b-1, h1b) to o-1. If your case is approved, you will receive an approval letter with a new i-94. You do not need to leave the us to “activate” your o-1. If you are outside the us, you will need to get a visa stamp to enter the us and start working for your employer. The estimated visa processing times across different consulates vary widely. Depending on the workload at the embassy and your level of preparedness in booking and attending your appointments, on average, the overall consular processing time should take a few weeks.
If they approve your application, the next step depends on whether or not you are in america. If you are currently in the u. S. Under a different visa and you're just applying for an o-1, all you need is to apply for a change to o-1 status. On the other hand, if you petition for an o-1 visa from your home country, you would need to apply for a visa at your country's u. S. Embassy or consulate. The consular processing process starts with the submission of form ds-160 (online visa processing form). Submit this online to the department of state website.
The o-1 visa requires a demonstration by the beneficiary that he/she meets a threshold three regulatory criteria. In addition to being a viable alternative to h1b visa holders that are nearing the end of their six year limit, the o-1 visa is a good option for j-1 visa holders who are ineligible for an h-1b or permanent residency because of the two year home residency requirement. An o-1 is available to a previous or current j1 holder that remains subject to the two-year requirement. Although the o-1 visa is not in itself a waiver, it is compatible with a waiver which, in some instances, may be obtained for the same job or a different job while the candidate is in o-1 status.
O-1a individuals with an extraordinary ability in the sciences, education, business or athletics (not including the arts, motion pictures or television industry). O-1b individuals with an extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry. Individuals who will accompany an o-1 artist or athlete to assist in a specific event or performance. Individuals who are the spouse or children of o-1s and o-2s. Please visit the united states citizenship and immigration services website for more information on o-1 visas status.
O-1 visa applications can only be filed by u. S. Companies or by u. S. Agents on behalf of each employee (petitioner). Evidence of the existence of the u. S. Company is therefore a fundamental requirement. Even non-profit or government organizations and u. S. Universities or educational institutions can apply for o-1 visas on behalf of foreigners. There are two categories of people with extraordinary abilities who can qualify for the o-1 visa: extraordinary ability in the sciences, education, business or sports (o-1a). The o-1a status is available to those who are at the top of their field. Individuals in the field of science, education, business or sport must be able to demonstrate their leading position by showing that they have received important international awards, such as the nobel prize.
Before you are able to file for an o-1 visa extension, you must fulfill a few prerequisite qualifications : you were legally admitted into the u. S. Under a status that has not expired. You haven’t violated the conditions of your admission or committed a crime that would cause your visa to be revoked. You have a passport that is valid throughout your visit to the u. S. If you meet those qualifications, you can begin the process of filing for an o-1 visa extension. Here’s what you’ll need to apply : form i-129, petition for nonimmigrant worker. This form is filed by an employer who is petitioning for a worker to be allowed into the u.