Overview of O-1 Application Process:
by Admin
Posted on 12-10-2023 10:38 AM
The o-1a application process requires you and your employer to go through several steps. It is not much different though from other nonimmigrant visas.
First, you have to make sure your job offer is valid. The application process starts from your employer, so without your employer willing to sponsor you, there is no chance of getting the o-1a visa.
Your employer or agent in the united states must complete and file form i-129, petition for a nonimmigrant worker to the uscis, pay the application fee, and provide the necessary documents. The application fee is $460. They can submit the application to one of the uscis service centers, in california, nebraska, vermont, or texas a minimum of 45 days before the start date of your employment, but no earlier than 1 year. After the uscis reviews the petition, they will give your employer/agent the “notice” of their decision. If the decision is positive, then you can begin the application process.
Regular processing application fee: $325. They will provide a response within 4 months. Premium processing: the u. S. Government offers a premium processing service for additional $1225. This will provide a response within 15 days. These fees do not include attorney fees, and labor union fees, please contact us to inquire about total costs. Once your visa is approved, you will go to the u. S. Consulate in your home country to get a visa stamp, unless you are already in the u. S. And are changing your status. If you are already in the u. S. , the next time you leave the country you will have to go to your home country or foreign u.
To begin the process your employer in the united states must complete and file form i-129and provide the necessary documents. The application fee is $460. They can submit the application to one of the uscis service centers, in california, nebraska, vermont, or texas at least 45 days before the start date of your employment, but no earlier than 1 year.
What is an O-1 visa?
The
o-1
is a nonimmigrant visa that enables foreign talent to live and work in the united states indefinitely. It is initially valid for three years but is eligible for unlimited renewals. The o-1 is sometimes called the “celebrity visa” because it’s best known as the visa used by figures like justin bieber, david beckham, and rihanna. However, qualifying for the o-1 is more common than you might think.
Many early-stage startup founders, accomplished artists, researchers, and engineers live and work in the us on the o-1. You don’t have to be famous or have decades of experience to qualify for the o-1.
The o-1 visa category is divided into two groups: o-1a for the sciences, athletics, and business; o-1b for artists. While the standard of “extraordinary ability” applies to both, the definition of “extraordinary ability” is slightly different for each group. Employer or agent sponsor. The o-1 visa requires a contract with a u. S. Employer or agent. You may not self-petition for an o-1. Advisory opinion. O-1 visa petitions must also include an advisory opinion from a trade or consulting organization, or a reputable peer group stating that the individual does have a sustained reputation of extraordinary ability. If there is no applicable peer group, a number of strong and focused letters from experts in the field may be substituted for the advisory opinion.
The o-1 visa is a temporary work visa available to foreign nationals who have �extraordinary ability in the sciences, arts, education, business or athletics. � the extraordinary ability must have been demonstrated by �sustained national or international acclaim. �the o−1 visa is also available to those in motion pictures and television who can demonstrate a record of �extraordinary achievement. �the requirement has been interpreted broadly to include most creative fields, including photographers, chefs, carpenters and lecturers. The person must be coming to the united states to work in his or her field of ability, but the.
The o-1 visa is a nonimmigrant employment-based visa classification for individuals of extraordinary ability in sciences, education, business, arts or athletics; or individuals of extraordinary achievement in the motion picture and televisions industries. The o-1 application requires a preponderance of evidence that the individual has extraordinary ability. The evidence submitted must demonstrate that the individual is one of a small percentage who have risen to the very top of the field of endeavor. At yale, o-1 is most often used for full time senior faculty and researchers, and usually only recommended when a h-1b or j-1 visa is not an option. Yale affiliates who can demonstrate sustained extraordinary national or international acclaim and recognition for achievements in their field can request o-1 sponsorship from oiss.
Business, Science, Athletics, and Education
While you may have heard people refer to it as the “artist” visa, the o-1 visa is actually meant for foreign nationals who can show extraordinary ability in any chosen field. In fact, the o-1 visa has two subcategories to accommodate the different career paths that it covers. The o-1a visa is specific to people who are extraordinary in business, education, athletics or the sciences. While the o-1b visa covers people in the arts and entertainment industries, including film, television, photography, hair and make-up artists, and painters.
General eligibility to qualify for an o-1 visa, you must demonstrate extraordinary ability by sustained national or international acclaim, or a record of extraordinary achievement in the motion picture and television industry, and must be coming temporarily to the united states to continue work in the area of extraordinary ability. Extraordinary ability in the fields of science, education, business or athletics means a level of expertise indicating that you are one of the small percentage who have arisen to the very top of the field. For detailed information regarding how uscis evaluates evidence to determine o-1a eligibility, including examples and considerations that are especially relevant for those in science, technology, engineering, and mathematics (stem) fields, see the uscis policy manual volume 2, part m, chapter 4, section c , and appendix: satisfying the o-1a evidentiary requirements.
Foreign nationals who have received major prizes or awards or other recognition for outstanding achievements in the field of arts, sciences, education, business or athletics and with a job offer from a u. S. Company foreign nationals who have produced original scientific or scholarly contributions in the academic fields and with a job offer from a u. S. Company artists and entertainers of extraordinary ability affiliated with motion picture or television industry u. S. Companies to hire foreign nationals with extraordinary ability in the field of arts, sciences, education, business or athletics
petition filing fee: $460 ds-160 (only when undergoing consular processing): $190 uscis premium processing fee (optional): $2,500 the petition filing fee is paid every time a new petition is made. The above fees must be handled by the employer, except for the premium processing fee, which may be handled by either employer or applicant.
Within approximately two to three weeks, the attorney will notify you, the oiss, and your department confirming a receipt notice of the filing. Expect a decision within three to four months of the filing, unless the petition was filed using premium processing. The attorney will notify you, your department, and the oiss of the decision, and if it is approved, will forward the notice to you for use at the visa interview.
The filing fee for i-129 is $460. Check out the uscis website on form i-129 to see filing instructions. You also need to pay a visa processing fee when you apply for the visa and fill out the form ds-160. For petition-based nonimmigrant visas like o visa, the current filing fee is $205. If you are currently in the u. S. With another nonimmigrant status and haven’t left the country, you don’t need to pay for the ds-160 fee as you request for a change of status, according to rakhel milstein, an immigration lawyer at the milstein law group.
Visit our visa processing and travel page ».