Many physicians and researchers decide to remain in the United States temporarily after the expiration of their J-1 visa. Because of the home residency requirement, they are limited as to their visa options. However, the O-1 non-immigrant visa is the perfect fit for those physicians and researchers wanting to stay temporarily in the United States to further their career.

The O-1 non-immigrant visa is valid for a period of up to 3 years. It requires the physician or researcher to have a valid work offer in the United States in their field and provide evidence of his or her extraordinary ability in their field.

The spouse and dependent children under the age of 21 of the O-1 visa applicant may apply for O-3 visas. It is important to keep in mind that the spouse and dependent children of the O-1 visa holder are not eligible to work in the O-3 visa classification. However, dependent children may attend school. Read the rest of this entry »

When is enough evidence really enough for an O-1 Visa? The short answer is NEVER. According to new USCIS Draft Request For Evidence templates for O-1 visas, and current adjudications trends, USCIS is currently seeking more information than ever from O-1 visa applicants.

Below are some tips to consider when properly documenting your O1 visa case. Read the rest of this entry »

The American Immigration Lawyers Association (AILA) has published a new video featuring AILA members as they weigh in on the troubling issue of Notario Fraud and how immigrants can avoid being victimized. Recently added to www.stopnotariofraud.org for consumer education.

Here are our top 5 blog posts according to information and reader response over the last few years. Hopefully, these will help you along with reaching your 2013 visa goals. We will have many information packed articles for 2013, but would like to share the following highlighted articles with you:

1. Who can serve as my O1 VISA sponsor, and who is a US agent for visa purposes?

2. O1 Visa Itinerary and Contract Requirements, the Horse before the Cart?

3. You are not an Artist, but you can still obtain an O-1 Visa!

4. Is Filing an O1 Extension Easy? What’s required?

5. I have an O1 visa, but how soon can I apply for a Green Card based on my Extraordinary Ability?

As stated by Secretary of Homeland Security Janet Napolitano on June 15, 2012, “effective immediately, certain young people who were brought to the United States as young children, do not present a risk to national security or public safety, and meet several key criteria will be considered for relief from removal from the country or from entering into removal proceedings. Those who demonstrate that they meet the criteria will be eligible to receive deferred action for a period of two years, subject to renewal, and will be eligible to apply for work authorization.” Read the rest of this entry »

There are many misconceptions about the O-1 Visa category, one of the greatest misconceptions is that it’s just for individuals in the ARTS. Such as individuals that are in front of the camera, working on a canvas, on stage, or in the studio working on something Artistic, or those in the motion picture or television industry. Actors, Musicians, Singers, Painters, Sculptors etc… Now, these might be part of a large group that come to the US every year on O-1 Visas, but it’s not the only group. We’ll save the question of what are the Arts for another post. The Arts are generally covered under the O-1B category, while everything else is covered under the O-1A category.

Who qualifies for an O-1A anyways? The category is for those individuals with an extraordinary ability in the Sciences, Education, Business or Athletics.  That’s right, everyone else that isn’t an “Artist”. As is painstakingly obvious, the O-1A doesn’t even come close to covering every type of non-artistic category. What about Lawyers? I know, the question is moot, because they are not extraordinary to begin with! But seriously, the O-1A category is an opportunity for highly skilled and talented individuals to come to the US on a 3 year work visa which, for example, does not have the restrictions of an H1B professional work visa. Read the rest of this entry »

So you have your O1 visa approved and stamped in your passport. You hit the ground running in La La Land and boom, a big Studio wants to hire you for an episode of one the most watched shows in the US. You consider this your first big US break and if it goes well, your US career will also take off.

Then the legal department for the Studio wants to review a copy of your O1 Visa to make sure you are able to actually work for them. The copy of your O-1 Visa should include: A copy of the immigration forms, the sponsor letter, the agreement between you and your representative, an itinerary and the advisory opinion letters. But this NEW production is not listed on your Itinerary as one of the proposed projects you are coming to perform. What now?

Hopefully, you have an O-1B “Representative” Visa as an Actor. That means that your O-1B Agent/Manager is representing you before USCIS and the entertainment world for the purpose of you coming to the US to work with different productions.

Under the consent and representation of your O-1B Agent you may add additional engagements without filing an amended O-1B petition. Read the rest of this entry »

You’re an Artist and you have your O1 visa for the next three years. You made the big move and are really ready to take off with your career in the US. But, you just received an email from your sponsor saying that business is really going bad and the company is closing, what do you do?

A very conservative approach will be to go out and find a new sponsor as soon as possible. The next step will be to switch your visa over to that new sponsor and file a Change of Sponsor O1 petition. Once the petition is approved you have successfully switched your status over to the new sponsor, but will still have to have the visa re-issued at the US Consulate in your respective country.

That is the clear cut strategy if your O1 is tied to a particular production and you are “employed” by the company. If the company goes out of business then your O1 visa has been automatically revoked as you are no longer “employed” by that particular company. But, let’s take a closer look at another common situation. For example, what if you are an Actor and your visa is with an Agent or Manager and that company closes. Is your current O1 visa still valid? YES it is!

The section of the law that specifically discusses this issue in the Federal Regulations regarding Automatic Revocation of an approved O1 visa petition states: The approval of an unexpired petition is automatically revoked if the petitioner, or the named employer in a petition filed by an agent, goes out of business, files a written withdrawal of the petition, or notifies the Service that the beneficiary is no longer employed by the petitioner. 8 CFR §214.2(o)(8)(ii).

So what does this mean? In a very typical situation where an Artists’ O1 visa petition is filed by an “Agent” acting on behalf of multiple production companies (employers) the O1 visa is not automatically revoked even if the Agent closes his/her business. This is true because the Agent is not the employer, and as long as the current and future production work remains valid then the visa remains valid. However, if the named employers in the petition filed by an Agent go out of business then the O1 visa is possibly automatically revoked.

As always if you are going through a similar situation make sure to immediately discuss the matter with a qualified immigration attorney.

An O-2 visa is available to those individuals who are essential to the O-1 visa artist or athlete’s performance. The case should include proof of the current essentiality, critical skills, and experience of the O-2 beneficiary with the O-1 principal. Additionally, the case should also establish that the O-2 has substantial experience performing the critical skills and essential support services for the O-1 principal.

In the case of motion picture or television productions, the evidence should establish that a production has taken place outside of the US and will take place inside the US, and that the continuing participation of the O-2 beneficiary is essential to the successful completion of the production.

To avoid any delays or issues, an O-2 petition should be filed with the Principal O-1 Visa. Also, the petitioner may not file the Form I-129 more than one year before the O-1 will begin employment. The typical case will include Form I-129, Petition for Nonimmigrant Worker, a Statement of Essentiality for the O-2 beneficiary from the O-1 Principal, proof that the O-2 has worked with the O-1 in the past, the petitioner letter, agreement, and itinerary with support for the scheduled performances. Lastly, a Consultation Letter is also required for all O-2 beneficiaries.

If the O-2 petition is for a beneficiary involved with athletics or the arts, the consultation must be from the appropriate labor organization. If the O-2 petition is in support of an individual involved in the motion picture or television industry, the consultation must come from an appropriate labor organization and a management organization with expertise in the skill area involved. If the petitioner can demonstrate that an appropriate peer group, including a labor organization, does not exist, then USCIS may waive the consultation requirement and make a decision based on the evidence provided.

So who can serve as an O-2? It depends on who the artist or athletes needs to perform. It may be coaches, trainers, dancers, managers, or backup singers – the list is infinite.

As always, consult an experienced immigration attorney in the area to see if you qualify for this classification.

In an effort to bolster foreign investment, promote start-ups and create much needed jobs, jobs, jobs in the United States, USCIS has launched new initiatives directed at entrepreneurs. Primarily they have opened the EB-2 immigrant visa category to these individuals. Entrepreneurs may obtain an employment-based second preference (EB-2) immigrant visa if they satisfy the existing requirements, and also may qualify for a National Interest Waiver under the EB-2 immigrant visa category if they can demonstrate that their business endeavors will be in the interest of the United States.

Traditionally, the EB-2 visa classification includes foreign workers with advanced degrees and individuals of exceptional ability in the arts, sciences, or business.  Generally, an EB-2 visa petition requires a job offer and a Department of Labor certification.  These requirements can be waived under existing law if the petitioner demonstrates that approval of the EB-2 visa petition would be in the national interest of the United States, hence a National Interest Waiver (NIW).

Those seeking a national interest waiver may self-petition (they do not need an employer to sponsor them). An entrepreneur may qualify if he or she:

-          Demonstrate that he or she is either a member of the profession holding an advanced degree or an individual of exceptional ability.

-          Will be working in the sciences, arts, or business.

-          Has exceptional ability in the sciences, arts, or business.

-          Will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States.

-          The proposed work will be national in scope.

How can an entrepreneur establish that he or she has exceptional ability in the sciences, arts, or business? They need to establish at least three of the following:

(A) An official academic record showing that the beneficiary has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability.

(B) Evidence in the form of letter(s) from current or former employer(s) showing that the beneficiary has at least ten years of full-time experience in the occupation for which he or she is being sought.

(C) A license to practice the profession or certification for a particular profession or occupation.

(D) Evidence that the beneficiary has commanded a salary, or other remuneration for services, which demonstrates exceptional ability.

(E) Evidence of membership in professional associations; or

(F) Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.

With this new open arms approach to entrepreneurs it might be an opportunity for many. If you feel you qualify for a National Interest Waiver Green Card please do not hesitate to contact a qualified immigration attorney to review your case.