Extraordinary Ability

What is the difference between a “leading role” and a “critical role” in O1 and EB1 applications?

Leading and critical role have different meanings. Leading role is defined by a high-ranking title and duties in an organization’s hierarchy. Critical role means the applicant’s specific contribution had a significant importance to the outcome of an organization’s activities.

Khadija DerrickJune 7, 2023

An entrepreneur considering ways to meet the EB1a criteria

Extraordinary Ability Immigration

Creative Ways an Entrepreneur can Meet EB1A Criteria

Even without an academic background, an entrepreneur could use non-traditional forms of recognition and excellence in the industrial arena to creatively meet EB1A criteria.

Khadija DerrickMarch 22, 2023

Extraordinary Ability Immigration National Interest Waiver

Differences between an EB1A Extraordinary Ability and EB2 National Interest Waiver Green Card Category

For an EB1A petition the main focus is the proving applicant is a well-known famous figure in their field. For an EB2 NIW petition, the focus is the applicant’s plans in the U.S. and whether the proposed work has national…

Khadija DerrickDecember 15, 2022

Extraordinary Ability Immigration

USCIS Announce Second Phase of Premium Processing

Today I went to the U.S. Consulate in Toronto to renew my E-2 visa. Our company was issued an E-2 visa 10 years ago, so this was our second renewal.

Jenny ZhanJuly 15, 2022

extraordinary film stars being photographed

Extraordinary Ability Immigration

Sponsorship for O-1 Visa & EB-1a Green Card

You can set up a company in the U.S. that will sponsor you for an O-1 visa. You can file a self-petition for Eb-1a green card (no company set up is necessary).

Khadija DerrickApril 23, 2021

Extraordinary Ability Immigration

What Is the Standard for EB-1A Cases?

When adjudicating EB-1A petitions, USCIS will apply a two-part test as explained in Kazarian v. USCIS decision.

Khadija DerrickMarch 25, 2021

E-2 Visa Extraordinary Ability Immigration Investor Visas

What are Some Visa and Green Card Options for Entrepreneurs & Investors?

The U.S. is the land of opportunity and the perfect place for entrepreneurs to realize their dream. If you want to start and run a business in the U.S., or if you want to purchase and manage an already existing business…

Jenny ZhanFebruary 23, 2021

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Extraordinary Ability Immigration

O-1 Visa: Questions and Answers

What is an O-1 visa? An O-1 Visa is a visa that allows individuals with extraordinary ability in a number of different fields to come to the U.S. What are the 2 categories of O-1 visa? There are 2 subcategories…

Jenny ZhanDecember 24, 2020

Extraordinary Ability Immigration White House & President Immigration News

What impact will the Biden/Harris administration have on the extraordinary ability visa/green card? What changes did the Trump administration make with regards to the O-1 visa and Eb-1A green card?

The O-1A visa is for individuals with an extraordinary ability in the sciences, education, business, or athletics and is set aside for people who have risen to the top of their profession. Additionally, these persons must be coming temporarily to…

Jenny ZhanNovember 17, 2020

Extraordinary Ability Immigration

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

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Extraordinary Ability Immigration

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

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Extraordinary Ability Immigration

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 Immigration

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 Immigration

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 Immigration

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

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Extraordinary Ability Immigration

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 Immigration

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

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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 Immigration

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 Immigration

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 Immigration

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

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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

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Extraordinary Ability Immigration

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

What is the difference between a “leading role” and a “critical role” in O1 and EB1 applications?

Creative Ways an Entrepreneur can Meet EB1A Criteria

Differences between an EB1A Extraordinary Ability and EB2 National Interest Waiver Green Card Category

USCIS Announce Second Phase of Premium Processing

Sponsorship for O-1 Visa & EB-1a Green Card

What Is the Standard for EB-1A Cases?

What are Some Visa and Green Card Options for Entrepreneurs & Investors?

O-1 Visa: Questions and Answers

What impact will the Biden/Harris administration have on the extraordinary ability visa/green card? What changes did the Trump administration make with regards to the O-1 visa and Eb-1A green card?

New Guidance on O-1 visa classification

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

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

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

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

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?

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?

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?

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

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

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?

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

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?

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?

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?

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

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