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Overview of the Artist/O-1 Visa

Overview of the Artist/O-1 Visa

The O-1 visa is a work visa with a maximum validity period of 3 years. You cannot volunteer your time or work as you need to demonstrate to the government that you will be employed. You can either file for an employer-based petition or an agent-based petition. Filing with an employer-petitioner can be restrictive as you can only be employed by your employer r and can only have one job during the validity period of your O-1 visa, unless you file an amended petition. With an agent petitioner, you are allowed to work on behalf of multiple employers within your field of endeavor. This is…
women with papers

What to Do Before Filing for the EB-1A

The EB-1A is a green card based on extraordinary ability.    Step 1: Consult with an Attorney and Have a Strategy Session It is essential that you get a professional opinion of an experienced immigration attorney. You should ensure that you have the proper qualifications to qualify for the EB-1A.  A strategy session gives you the opportunity to discuss the individual requirements, your portfolio, the current trends in law, and anything else that will affect the approval of your application. This will help you secure an understanding of where you fit in the context of the EB-1A, your field, the federal regulations, etc.   Step…
National or International Recognition in Your Field

O-1 Criterion: National or International Recognition in Your Field

One of the six criteria for the O-1 visa is national or international recognition within your field.   There are a variety of ways you can satisfy this criterion of national or international recognition. This can include press articles, publications of your work, or press features. It is extremely critical that when you are applying for the O-1 visa to pursue any opportunity to be featured in a publication, whether it be your own work or a press article.    Yet, it is important to note that USCIS has preference for certain types of press features or press articles. For example, having your art in…
Do You Need a High Salary for the O-1 Visa?

Do You Need a High Salary for the O-1 Visa?

The O-1 visa is a professional work visa, not a volunteer visa. This means that you must include proof of your future work in the United States, including how much you will be making.   Form I-129 includes a section that asks for your proposed salary in your future employment. It is important to note that when citing the requirements for the I-129, Congress made it clear that the future employment should not be speculative. The high salary criterion is one of the six ways to meet the minimum requirements. There are many ways to meet the high salary requirement. First, it is important to…
Your CV and Why It’s Important for Your O-1 Visa

Your CV and Why It’s Important for Your O-1 Visa

The CV: it’s a critical piece of your petition. Yet, both attorneys and clients alike often overlook the CV in the O-1 process. A CV is also your resume. Therefore, this document should include your achievements, accomplishments, education, skills, etc. Unfortunately, more often than not, a traditional CV is not impressive in the eyes of your immigration officer. It is important to understand the difference between a standard CV and an O-1 CV. Traditionally, a CV is a brief document detailing your education, skills, and most recent employment history. Contrastingly, an O-1 CV does not place as much emphasis on your education and skills as…
An Advisory Opinion: What Is It and Why Do You Need It?

An Advisory Opinion: What Is It and Why Do You Need It?

An advisory opinion is a vital piece of your petition. A simple way to look at an advisory opinion is to understand that it is a letter from a labor union which does “not object” to the granting of the O-1 visa . It is also considered to be a technical requirement of your petition. You want to make sure that your petition includes all of the technical requirements so that once the officer goes to the merits based analysis of your case, your petition is not deficient. If you do not include the advisory opinion, you will receive a request for evidence, or an“RFE”….
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