o1 | Scott Legal, P.C.

Extraordinary Ability

Can I meet the “authorship of articles” criteria for O1 or EB1A even if the articles were not published in a traditional academic journal?

You can meet the “scholarly articles” criteria if the article is written for learned persons and if the publication’s intended audience and circulation makes it a professional publication, major trade publication, or other major media.

Khadija DerrickDecember 7, 2023

Extraordinary Ability

I am an individual with extraordinary ability in the sciences or business. I applied for an O1A visa through an agent. I received a new employment offer after I came to the US. Can I work for this new employer under my current O1A visa?

To add on work arrangements with a new employer, O1A visa holders must either have the new employer file a new O1A petition or have their agent file an amended O1A petition to add the new employer.

Khadija DerrickJuly 12, 2023

National Interest Waiver

What is the difference between expert letters for O1 or EB1A petitions compared to NIW petitions? Can I re-use the same letters I used for a different category petition?

This post summarizes the nuances of how expert letters play different roles in O1, EB1, and NIW petitions and how they are prepared differently.

Khadija DerrickJune 30, 2023

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

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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

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

COVID-19

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

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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

Extraordinary Ability Immigration

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

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

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

Which non-immigrant visa categories allow my spouse to work in the U.S.? How and when can my spouse apply for the work authorization? Can my spouse work for any employer?

If you are currently in the U.S. on a non-immigrant visa, your spouse may be able to work in the U.S. This article will discuss which spouses of non-immigrant visa holders are/are not authorized to work in the U.S. This…

Jenny ZhanOctober 14, 2019

Extraordinary Ability Immigration

Do I Need to Have Won Awards to Apply for the O-1 Visa? What Types of Awards Can be Included in an O-1 Visa Petition? Can I Include Student Awards?

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 has been recognized nationally…

Jenny ZhanAugust 30, 2019

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Extraordinary Ability Immigration

Do I Need a High Salary to Obtain the O-1 Visa?

One common question that comes up in relation to the O-1 visa is whether an applicant needs a job offer commanding a high salary, or in a case where the applicant is being sponsored by an agent, employment engagements with…

Jenny ZhanJuly 18, 2019

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Extraordinary Ability Immigration

Venue Created for Labor Unions to Send Negative Consultation Letters Directly to USCIS

USCIS announced on September 14, 2018 that, effective immediately, USCIS has created a venue to accept copies of negative consultation letters directly from labor unions regarding current or future O nonimmingrant visa petition requests. O-1 and O-2 nonimmigrant visas are…

Jenny ZhanSeptember 14, 2018

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Extraordinary Ability Immigration

When Do I Need to Include an Itinerary as Part of My O-1 Petition? What Elements Should Be Included in an O-1 Itinerary?

Jenny ZhanSeptember 12, 2018

Extraordinary Ability Immigration

Who Should I Ask to Write My O-1 Reference Letters? What Should I Include in My O-1 Reference Letters? How Many Reference Letters Do I Need to Submit with My O-1 Petition?

One of the most important components of a successful O-1 petition is the submission of reference letters from experts in the beneficiary’s field of extraordinary ability. In fact, they form the backbone of many O-1 petitions, as the expert writers…

Jenny ZhanMarch 30, 2018

Extraordinary Ability Immigration

What Kind of Documentation Should I Prepare for My O-1B Petition? What Does Extraordinary Mean? What does a Fashion Designer Have to Show to Get an O-1 Visa?

Foreign nationals seeking to enter the United States based on their extraordinary ability in the arts will need to prove to the Government that they have risen to a level of distinction in their field of ability. The standard is…

Jenny ZhanMarch 30, 2018

o1

Can I meet the “authorship of articles” criteria for O1 or EB1A even if the articles were not published in a traditional academic journal?

I am an individual with extraordinary ability in the sciences or business. I applied for an O1A visa through an agent. I received a new employment offer after I came to the US. Can I work for this new employer under my current O1A visa?

What is the difference between expert letters for O1 or EB1A petitions compared to NIW petitions? Can I re-use the same letters I used for a different category petition?

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?

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 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?

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

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?

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?

Which non-immigrant visa categories allow my spouse to work in the U.S.? How and when can my spouse apply for the work authorization? Can my spouse work for any employer?

Do I Need to Have Won Awards to Apply for the O-1 Visa? What Types of Awards Can be Included in an O-1 Visa Petition? Can I Include Student Awards?

Do I Need a High Salary to Obtain the O-1 Visa?

Venue Created for Labor Unions to Send Negative Consultation Letters Directly to USCIS

When Do I Need to Include an Itinerary as Part of My O-1 Petition? What Elements Should Be Included in an O-1 Itinerary?

Who Should I Ask to Write My O-1 Reference Letters? What Should I Include in My O-1 Reference Letters? How Many Reference Letters Do I Need to Submit with My O-1 Petition?

What Kind of Documentation Should I Prepare for My O-1B Petition? What Does Extraordinary Mean? What does a Fashion Designer Have to Show to Get an O-1 Visa?

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