The Complete Guide: O-1 Visa | Application, Extension, and Transfer

THE COMPLETE GUIDE:

O-1 VISAApplication, Extension,

and Transfer

Website: Call us:www.immi-usa.com |(877) 811-3541

http://www.immi-usa.com/

WHAT IS AN O-1 VISA?

A pass to get into the United States for individuals with extraordinary ability, acclaim or achievement.



O-1 VISA QUALIFICATIONS

Qualifying individuals can have achieved recognition in the following fields: • Science• Art• Education• Athletics • Business



WHAT IS AN “EXTRAORDINA

RY ABILITY”?Website: Call us:www.immi-usa.com |(877) 811-3541


Although the term extraordinary is generally subjective, in this case, it comes with some distinct definitions.



WHAT IS AN “EXTRAORDINARY ABILITY”?

In science, business,

athletics and education

•It means that you have achieved a level of verifiable expertise that has put you above other people in your field.




In the 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




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 recognized by the industry.



APPLYING FOR AN O-1 VISAWebsite: Call us:www.immi-usa.com |(877) 811-3541

http://www.immi-usa.com/o1-visa-lawyer/

http://www.immi-usa.com/o1-visa-lawyer/


File Form I-129, Petition for Nonimmigrant Worker, and mail to

the United States Citizen and Immigration Services.

• File no earlier than a year before it is needed

• File no later than 45 days before entry into the U.S.

• Fulfill all application requirements before submitting


https://www.uscis.gov/i-129


CONSULTATION REQUIREMENT

Form I-129 must be submitted with a consultation opinion.• It must include:

• Evidence from a reliable source that the alien has extraordinary abilities.

• Details of the proposed work that the O-1 Visa holder will be doing.



CONSULTATION REQUIREMENTThe consultant must be a peer group

or someone who has expertise in the relevant field.

HOWEVER,

If there is no relevant peer group available, you can use a person with specific expertise in the alien’s area of notoriety.


https://www.uscis.gov/sites/default/files/ilink/docView/AFM/DATAOBJECTS/AFMapdx33-1.pdf


CONSULTATION EXCEPTIONS You may be exempted from the

consultation requirement if:

1. You are in the field of the arts and have already visited the United States once on an O-1 Visa

2. If it’s been fewer than two years since your last consultation

3. If there is no peer group and you’re able to provide evidence of expertise



O-1 VISA PETITIONER

What’s a Petitioner?

An employer or colleague looking to bring an extraordinary alien into the U.S. for a job or performance.

What is Required?

A beneficiary contract between the petitioner and the visiting alien.



BENEFICIARY CONTRACT

Proof of the employment agreement between the petitioner and the visiting alien in the form of:A written contract; or A written summary of an oral

agreement Include supporting documents such as emails or text messages



VALIDITY PERIOD

Your stay in the United States lasts as long as the time your event requires you to be there

You’re given 10 days before the validity period begins and 10 days after it ends to be in the U.S.

The initial period of stay can be no longer than three years



EXTENSION OF AN

O-1 VISAWebsite: Call us:www.immi-usa.com |(877) 811-3541


O-1 VISA EXTENSION

There is no limit to the number of times you are able to extend your stay.

To file for an extension you’ll need:

Form I-129, Petition for

Nonimmigrant Worker.

A copy of the Form I-94, Arrival

and Departure Record

A statement from the

employer that details why the period of stay needs to be extended.


http://www.immi-usa.com/o-1-visa-extension-how-to-apply-requirements/


DEPENDENTS EXTENSION OF STAY

If the beneficiary has a spouse or children with them, they must also file a Form I-539, Application to Extend/Change Nonimmigrant Status.





TRANSFER YOUR O-1

VISA EMPLOYER



If you want to change employers:

The new employer must file a Form I-129, Petition for Nonimmigrant Worker.

ANDThe employee must file a Form I-

129, if there are any major changes in the nature of your work or in your work environment.



TERMINATION ON AN O-1

Your employer must provide funds to return you to your last place of residence before entering the U.S.

If the petition was filed by an agent, the agent shares responsibility with the employer to cover transportation funds.



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SGM Law Group

www.immi-usa.com |(877) 811-3541

ABOUT SGM LAW GROUP


The information provided in this presentation is of a general nature and may not apply to any particular set of facts or under all circumstances. It should not be construed as legal advice and does not constitute an engagement of the SGM Law Group or establish an attorney-client relationship.

DISCLAIMER