Saturday Brain Storming Thought (252) 07/12/2024
O-1 VISA IN THE USA
The O-1 Visa is a temporary work visa designated for individuals who have achieved and sustained national or international acclaim for extraordinary ability in the science, arts, education, business, athletics or individuals who have demonstrated a record of extraordinary achievement in the motion picture and television industries
O-1 Visa Eligibility Requirements
Individuals must show evidence of a major internationally recognised awards such as the Nobel Prize or satisfy at least three of the following
1) Receipt of lessor nationally or internationally recognized prizes or awards for excellence in the field
2) Membership in associations in the field that require outstanding achievements of their members, as judged by recognized experts in the field
3) Evidence of authority of scholarly articles in the field, in professional journals or other major media
4) Published material in professional or major trade publications or major media about applicants work
5) Evidence on participation on a panel or individually, as the judge of the work of others in the field
6) Evidence of employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation
7) Evidence of commanding a high salary or other compensation for services
This category does not usually apply to academic positions
8) Evidence in the form of five to six letters and affidavits from prominent colleagues who can confirm applicants original scientific or scholarly contributions of major significance to the field
Durations of the O-1 Visa
The O-1 Visa may be valid for an initial period of three years and may be extended indefinitely in one year increment
Requesting O-1 Sponsorship (including O-1 Extensions)
1) Department contacts HIO to initiate the O-1 request process and obtain intake forms (at least 6 months before O-1 start date)
2) Department and the scholar compile supporting documents and HIO intake forms (timing varies – HIO advisor will confirm deadline)
3) Department requests a filling fee of checks from Harvard Accounts payable office (AP processing is at least 3 weeks)
4) HIO reviews all supporting materials, prepares O-1 petition forms (20 business days)
5) HIO submits O-1 petition to USCIS – makes decisions within 15 calendar days (premium processing) or several months (regular processing)
O-1 A Visa
The O-1 A Visa is for people with an extraordinary ability in science, education, business or athletics
O-1 B Visa
The O-1 B Visa is for individuals with extraordinary ability in the arts or motion picture or television industry
Benefits of O-1 Visa
1) Its flexible – There are a variety of professions you can be in to qualify for an O-1 Visa
2) No limits – There are no limits or caps to the number of O-1 visas handed out by the USCIS
3) No lottery – Unlike H-1B Visa, there is no lottery process or annual caps
4) No US investment required
5) Stay as long as you want – you can travel freely in and out
6) Green Card Potential – Going from O-1 Visa to eb1 green card is a very viable path forward for many immigrants and common case for our lawyers
O-1 Visa cost
Two fees associated with your O-1 Visa application
1) O-1 Visa Lawyer Fees
O-1 Visa lawyer fees start at $7,500 and do not include other O-1 Visa costs
2) O-1 filling fees
Form I-129 (Petition for Nonimmigrant worker)
Filling fee – $460
Form I-907 (Premium Processing fee optional)
Filling fees – $2,805
DOS Visa fee (when getting visa stamp abroad)
Filling fees – $205
O-1 Visa success rate
O-1 Visa success rate is over 93% for most applicants
To maximize visa approval you must maximize the quality of your evidence and recommendation letters
Average O-1 Visa processing time
Most O-1 Visa cases are processed within 1-2 months after filing
Premium processing is also available reducing the processing time to 15 days
O-1 Visa duel intent
Yes
O-1 Visa is duel intent and allows you to apply for an Eb1 visa at any point of time
Extraordinary Ability meaning for O-1 Visa
1) In science, business, athletics and education – It means you have achieved a level of verifiable expertise that has put you above other people in your field
2) In Arts – It refers to notoriety or distinction
This means that you have achieved a level of skill that has earned you recognition in the arts community
3) In movies or television – It means that you have achieved recognition or notoriety in your field and your past work has been extraordinary to the point that you have been recognised by the industry
Consultant requirement
The consultant must be a peer group or someone who has expertise in the relevant field
O-1 Visa Petitioner
An employer or colleague looking to bring an extraordinary alien into the US for a job or performance
A beneficiary contact between the petitioner and the visiting alien is required
Beneficiary Contact
Proof of the employment agreement between petitioner and the visiting alien in the form of
1) A wtiiten contract or
2) A written summary of an oral agreement including supporting documents such as emails or text messages
Validity Period
1) Your stay in the US lasts as long as the time your event requires you to be there
2) You’re given 10 days before the validity period begins and 10 days after it ends to he in the US
3) The initial period of stay can be no longer than three years
Disadvantages of O-1 Visa
1) Spouces are not permitted to work
2) If spouses wants to work in US, they must apply for seperate work visa that would allow them to work
3) O-1 Visa applications are lengthy and detailed
4) O-1 Visa petitions may nevessitate extensive documentation about achievements of applicants including evidence
5) O-1 Visa holders cannot announce a purpose of immigrate to the US when entering the country on O-1 status
Advantages of O-1 Visa
1) There is no need of degree or technical qualification
2) There is no annual lottery or cap
3) Criteria that are up to interpretation
4) Extentions are unlimited
5) Work for a variety of companies
COMPILED BY:-
Er. Avinash Kulkarni
9822011051
Chartered Engineer, Govt Regd Valuer, IBBI Regd Valuer
