Immigration Forms and the O-1 Visa

Immigration forms are the technical requirement of the O-1 visa. The rest of your petition, including your contracts, advisory opinion, etc., are all considered to be  documentary support. There are certain forms that the O-1 visa application process requires.


If you have an attorney representing you throughout the O-1 visa process, the first form you will submit to USCIS is the form G-28. This form alerts USCIS and the consular officers that you have an attorney representing you. 


If you are filing premium processing you will use the form I-907. This form alerts the service center that your case should be moved up to premium processing. While the premium processing fees are exceptionally high, the benefit is that your petition will be decided fifteen business days following your submission.


The most critical forms in the O-1 visa application process is form I-129. This form is used for all temporary working visas. This form includes all of the background information and data concerning you and your petitioner, whether your petitioner is an agent petitioner or an employer petitioner, your projected salary and much more. 


Additionally, the I-129 form includes your professional title. This is important as this is field of endeavor that will be discussed in your petition. Additionally, your professional title is what’s going to allow you to be expansive or limited in scope within your career. For example, if you are a photographer that is interested in filmmaking and you use the professional title “Photographer” on your I-129, you are limited to photography and anything you do outside of photography could be considered a violation of your visa. You must ensure that your professional title reflects your professional goals and the scope of your future employment.  


Furthermore, the salary component is a critical piece of the form I-129.. USCIS will look at this component on form I-129 and ensure that what you claim you will be making matches your future employment contracts. They use this as a reference throughout the O-1 visa application process, including when you go to the consulate for visa stamping. 


In addition to this, the form I-129 asks if you have received any public, state, federal, or local benefits. It is vital that everything you put in the I-129 form is completely accurate as your petitioner is legally responsible for any information in the form. This is because they have to sign the form for you; this indicates that they are entering into a contract with USCIS on the basis that all information on the form is truthful. 


To Recap:

  • The form G-28 alerts USCIS and the consular office that you have an attorney representing you;
  • The form I-907 alerts USCIS that your case has been filed premium processing, which means that your case will be decided within fifteen business days;
  • The form I-129 immigration has three critical elements:your professional title, the salary component, and if you have used any public charges;
  • Your petitioner must sign the immigration forms to and confirm the truthfulness of all documents in your petition.

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