Extraordinary Ability

New Guidance on O-1 visa classification

On September 17, 2020 USCIS announced that it consolidate policy guidance on the O-1 visa in the USCIS Policy Manual. The USCIS Policy Manual is the agency’s centralized repository for USCIS’ immigration policies. The Policy Guidance on the O-1 visa classification…

Jenny ZhanOctober 26, 2020

How do I prove the O-1B criterion that I have a record of major commercial or critically acclaimed success?

The O-1B visa is for foreign nationals (aliens) who have demonstrated extraordinary ability by sustained national or international acclaim in the arts or extraordinary achievement in motion picture or television industry. To qualify for an O-1B visa, you will have to submit…

Jenny ZhanJuly 24, 2020

Extraordinary Ability

How can I prove that I was a lead/starring participant in productions or events that have distinguished reputation?

Jenny ZhanJuly 9, 2020

Extraordinary Ability

Can I bring my family to the U.S. on my O-1 visa? What is O-3 visa?

The O-1 visa nonimmigrant visa is for individuals who possesses extraordinary ability in certain fields. For more information about O-1 visa petitions, please click here. The O-2 nonimmigrant visa is for accompanying aliens who are coming temporarily to the United States solely to assist…

Jenny ZhanJuly 2, 2020

Extraordinary Ability

How can I prove that I have achieved national or international recognition for my achievements? Do I qualify for an O-1B visa?

If you are an artist and you want to apply for an O-1B visa, you will have to demonstrate that: You received a major national or international recognized award such as Emmy or Grammy, or You meet at least 3 of these requirements.…

Jenny ZhanJuly 1, 2020

Extraordinary Ability

Is there a limit as to how many times I can renew my O-1 visa? Is there a maximum time I can spend in the U.S. on an O-1 visa?

No. There is not limit as to how many times you can renew your O-1 visa and there is no limit as to how many years you can spend in the U.S. on an O-1 visa. You can keep renewing…

Jenny ZhanJune 30, 2020

Extraordinary Ability

I am in the U.S. on an O-1 status and I want to change my employer. Does my new employer have to file a new O-1 petition? Do I have to get a new visa stamp?

If you are currently in the U.S. on an O-1A or an O-1B status and you want to change your employer, you can do so, but your new employer will have to file a new O-1 petition with USCIS. You…

Jenny ZhanJune 30, 2020

Extraordinary Ability

Do I have to be in the top of my field if I want to apply for an O-1B visa? What does “distinction” mean?

If you want to apply for an O-1B visa, you will have to demonstrate that you have an extraordinary ability in the field of arts. Many of our clients ask us what extraordinary ability means and whether they have to…

Jenny ZhanJune 29, 2020

Extraordinary Ability Immigration

What is a high salary for the purposes of O-1B visa? How can I meet this requirement?

Jenny ZhanJune 25, 2020

Extraordinary Ability

Do I have to be a W-2 employee if I am in the U.S. on an O-1 visa?

The O-1 visa nonimmigrant visa is for individuals who possesses extraordinary ability in certain fields. For more information about O-1 visa petitions, please click here. For the O-1 visa, you can be sponsored by either an employer or by an agent. O-1…

Jenny ZhanJune 25, 2020

Extraordinary Ability

What Does It Mean To Play A Lead Role for Productions? What Does It Mean To Play A Lead/Starring Role Organizations? What Are Productions of Distinguished Reputation?

The O-1 nonimmigrant visa is for individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics, or who have a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally…

Jenny ZhanJune 12, 2020

Extraordinary Ability

What is the O-1 visa application process? How long does it take to get an O-1 visa?

O-1 visa is a great visa for individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized…

Jenny ZhanJune 11, 2020

E-1 Visa E-2 Visa Extraordinary Ability H-1B and E-3 Visa Immigration Investor Visas

I had a J-1 visa in the past and I am subject to the 2-year residency requirement. Can I apply for an O visa? Can I apply for an E visa? Can I apply for an H-1B visa?

Participants of some J-1 visa programs are subject to a 2 year home residency requirement. This means, that the J-1 visa participants will have to return to their home country for at least 2 years after the completion of the…

Jenny ZhanJune 11, 2020

Extraordinary Ability Immigration

How many years can I stay in the U.S. on O-1 visa? Does O-1 visa lead to a green card? For which green card should I apply if I am in the U.S. on an O-1 visa?

The immigration regulations state that O-1 visa holder can come to the U.S. to perform services relating to an event/events and the O-1 visa will be granted for a period of time necessary to accomplish the particular event or activity (but not…

Jenny ZhanMay 29, 2020

Extraordinary Ability H-1B and E-3 Visa Immigration TN Visa

I have a majority ownership interest in a U.S. Company. Can the company sponsor me for an H-1B visa? Can the Company sponsor me for an O-1 or TN visa?

H-1B One of the H-1B requirements is that the petitioning U.S. company demonstrates that there is an Employer-Employee relationship. This means that the petitioning company will have to show that it can hire, pay, fire, supervise and otherwise control your…

Jenny ZhanMay 29, 2020

Covid 19 Extraordinary Ability

I am in the U.S. on an O-1 visa that expires soon. Should my company file for an extension or should the company file a renewal application for 3 years? Which is better?

If you are currently in the U.S. on an O-1 visa and your visa is about to expire, you company may be considering 2 of the following options: (i) filing an extension for 1 year or renewing your O-1 for…

Jenny ZhanMay 20, 2020

Extraordinary Ability

For how long can I get an O-1 visa? What is an event for the purposes of O-1 visa?

Many of our new clients think that they can automatically get an O-1 visa for 3 years. This is a common misconception. The immigration regulations state that O-1 visa holder can come to the U.S. to perform services relating to…

Jenny ZhanMay 18, 2020

Extraordinary Ability

What is the consultation requirement for the O-1 visa? What is a peer group? What should the Advisory opinion contain? Do I have to pay for the Advisory Opinion?

O-1 visa is a great visa for individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally…

Jenny ZhanMay 15, 2020

Covid 19 Extraordinary Ability

I am in the U.S. on an O-1 visa. Can my employer ask me to work part-time? Can the employer reduce my salary? When do I have to leave the U.S. if I’m fired?

Covid-19 has changed the rules for travel, engagement and employment. Many companies have started to reduce wages and put staff on leave, and some companies have reduced hours or terminated employees. Employers are facing difficult questions about how to proceed in light…

Jenny ZhanMay 8, 2020

Extraordinary Ability

I want to apply for an O-1 visa. What is National or International Recognition for Achievement? What is a Record of Major Commercial or Critically Acclaimed Success?

Jenny ZhanMay 1, 2020

Extraordinary Ability Immigration

How can I demonstrate my extraordinary ability for the EB-1A visa? What is the difference between a one-time achievement and nationally or internationally recognized prizes?

To qualify for the EB-1A Green Card, you will need to prove that you are one of the small percentage of people who have risen to the very top of your field. To prove that you qualify for the Eb-1A…

Jenny ZhanMay 1, 2020

Extraordinary Ability

What is an Independent Expert Opinion Letter for the Purposes of the O-1B Visa? How Can I Obtain an Independent Expert Opinion Letter? Who is an Independent Expert?

As part of your O-1B extraordinary ability visa process, you may obtain expert opinion letters from certain key individuals. Considering the importance of the letters, it is worth the time and effort to seek expert opinion letters from experts who…

Jenny ZhanApril 28, 2020

Extraordinary Ability

My O-1 status is about to expire but my employer filed an application for extension. Can I continue working for my employer after my O-1 status expires? Can I Leave the Country?

If you are currently in the U.S. on O-1 status, and your O-1 status is about to expire, you can stay in the U.S. and keep working for your employer if the same employer that originally sponsored you for the…

Jenny ZhanApril 17, 2020

Extraordinary Ability

Do I Need to Submit a Portfolio for the O-1 Visa Petition? How Can I Create a Portfolio for the Purposes of Filing an O-1 Visa Petition? How Can I Prepare a Strong Portfolio?

The O-1 nonimmigrant visa is for individuals who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who have a demonstrated record of extraordinary achievement in the motion picture or television industry and have been recognized nationally…

Jenny ZhanApril 13, 2020

Extraordinary Ability

I am an artist and I want to apply for an O-1B visa. What does extraordinary ability in arts mean? What is the definition of “arts”?

f you are an artist and you want to apply for an O-1B visa, you will have to demonstrate that: You have an extraordinary ability in the arts which has been demonstrated by national or international acclaim, and You are…

Jenny ZhanApril 10, 2020

Extraordinary Ability Immigration

How can I prove that my work will “prospectively benefit substantially the U.S.”? Do I qualify for the EB-1A visa?

The EB-1A is an employment-based, green card that is available if you can prove a certain level of extraordinary ability. You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or…

Jenny ZhanApril 8, 2020

E-1 Visa E-2 Visa Extraordinary Ability H-1B and E-3 Visa Immigration Investor Visas L-1 Visa TN Visa

I was not selected in the H-1B visa lottery. What other visa can I apply for? Can my employer sponsor me for a green card? Can I apply for a green card?

If you were not selected in this year’s H-1B visa lottery and you want to stay in the U.S., here are some possible visa options you could consider. TN Visa for Canadian and Mexican nationals: If you are Canadian or…

Jenny ZhanApril 7, 2020

Extraordinary Ability Immigration

How Many Citations are Required for the EB-1A? How Many Citations Are Required for the O-1A Visa?? How Many Publications Are Required for the EB-1A?

Jenny ZhanApril 3, 2020

Extraordinary Ability

Am I Qualified for the O-1B Visa? What Are My Chances/Likelihood of Success in Securing the O-1B Visa?

Jenny ZhanApril 3, 2020

Extraordinary Ability

What are the Steps Involved in the Preparation and Filing of an O-1 Petition? How Long Does it Take to Prepare an O-1 Visa Petition?

The Five Steps To Prepare and File an O-1 Petition The O-1 nonimmigrant visa is for individuals that are extraordinary in a particular field. There are a number of different standards associated with an O-1 visa but they all point…

Jenny ZhanApril 2, 2020

Extraordinary Ability Immigration

What are the “Extraordinary Ability” Categories of Visas? What is the EB-1A Visa? What are the Similarities and Differences Between the O-1A Visa and EB-1A?

Jenny ZhanMarch 27, 2020

Extraordinary Ability H-1B and E-3 Visa

What are the Overall Approval Rates of the O-1 Visa? If I Don’t Get Selected in the H-1B Visa Lottery, Can I Apply for the O-1 Visa?

The latest statistics released by USCIS shows that while there has been an increase in the issuance of Request for Further Evidence (“RFE”) in recent years across the board for all visa types, the overall approval rates still remains relatively…

Jenny ZhanMarch 27, 2020

Extraordinary Ability

Is the O-1 Visa a “Dual-Intent” Visa? Can I Seek a Green Card While on the O-1 Visa? Can I Renew My O-1 Visa While I Have a Pending Green Card Petition?

The O-1 nonimmigrant visa is for individuals who show they are extraordinary in a particular field. For more information about O-1 petitions, please click here. The O-1 visa allows individuals to live and work in the United States for a temporary…

Jenny ZhanFebruary 14, 2020

Extraordinary Ability

O-1B Visa Classification for Architects/Architectural Designers

1. What is the O-1 nonimmigrant classification? The O-1 is a nonimmigrant employment-based visa classification for a person of extraordinary ability in the sciences, arts, education, business, athletics or in the television and motion picture industry who is coming to…

Jenny ZhanFebruary 11, 2020

Extraordinary Ability

Who Can Petition for the O-1 Visa? What is an Agent and Who Can Be an Agent? What are the Different Types of Agents for O-1 Visas?

The O-1 nonimmigrant visa is for individuals who possesses extraordinary ability in certain fields. These people are good at what they do and have been recognized by their peers for their contributions. For more information about O-1 visa petitions, please…

Jenny ZhanJanuary 31, 2020

Extraordinary Ability

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