Introduction

The H1B visa category allows organizations with a Federal Identification Number/IRS tax number to employ a foreign professional to work in a specialty occupation for up to six years. Examples of specialty occupations include accountant, computer analyst, engineer, financial analyst, scientist or architect.

H1B Visa Eligibility – It Is Suitable For:

• Foreign professionals in specialty occupations, such as scientists, engineers, programmers, research analysts, management consultants, journalists, accountants, and others with Bachelor’s or equivalent degree
• Foreign nationals entering the U.S. to offer exceptional services relating to cooperative research and development projects administered by the U.S. Department of Defense
• Professional Nurses entering the U.S. to perform complex job duties or supervise nursing operations
• Distinguished fashion models
• S. companies to bring in qualified foreign professionals for jobs that require a bachelors degree and specialized skills

H1B Visa Benefits

• You do not have to maintain a foreign residence and show intent to return to your home country while applying for the visa
• Your dependents can stay with you as long as you maintain your H1B status. They can also attend school
• You can freely travel in and out of the U.S. provided you have a valid visa

H1B Visa Requirements

1. Criteria For Determining Employer’s Eligibility

• To be eligible for sponsoring an H1B visa, the employer must prove that:
• The position offered requires knowledge, both theoretical and applied, which is almost exclusively obtained through studies at an institution of higher learning
• The position requires a specific course of study which relates directly to the position
• Attainment of a bachelor’s or higher degree in the specific activity (or its equivalent) is a minimum requirement for the position

1. Criteria For Determining Employee’s Eligibility

To be eligible for an H1B visa, you must demonstrate that you have:

• Full state licensure to practice in the occupation, if such licensure is required to practice in the occupation
• Completed the degree required for the occupation or possess experience in the specialty equivalent to the completion of such degree
• Recognition of expertise in the specialty through progressively responsible positions relating to the specialty

1. Positions Generally Considered Professional

Accountant, Acupuncturist, Chiropractor, Computer Programmer, Dietitian, Electronics Specialist, Fashion Designer, General Manager (where business is complex), Graphic Designer, Hotel Management, Industrial Designer (with B.A.), Interior Designer (commercial), Journalist, Librarian, Medical Records Librarian, Medical Technologist, Minister, Orthopedist, Pharmacist, Social Worker, Technical Publications Writer and Vocational Counselor.

Note: If your position is not listed above, you may want to contact us to determine if the U.S. Citizenship and Immigration Services (USCIS) would consider the position offered to you as a professional position.

H1B Visa Notes

• The information provided here is applicable to New H1B Visa, H1B Visa Transfer, and H1B Extension.
• To change the purpose of your visit while you are in the U.S. on an H1B visa, you must change your visa status.

H1B Process

Applying For The H1B Visa

You cannot apply for an H1B visa as an individual. A U.S. employer has to sponsor your H1B visa. To sponsor you, the employer must:

• File a Labor Condition Application (LCA) with the U.S. Department of Labor
• File USCIS Form I-129, Petition for nonimmigrant worker with H supplement and supporting documentation and the approved LCA with the USCIS

If you are overseas, you must take the H1B approval notice to the American Consulate to obtain the H1B visa. If you are already in the U.S., you can start working for your employer as soon as you receive the H1B approval notice.

Note: If you are currently on H1B status, then you can start working for a new employer upon filing of the new petition.

1. Filing The H1B LCA (Labor Condition Application)

The Labor Condition Application or Attestation is filed on DOL Form ETA-9035 and is submitted through the DOL iCERT website

1.The employer must attest to the Department of Labor that:

1. The wage level offered to you (the H1B employee) is greater of the actual wage level paid to all other individuals similarly employed at the place of employment, or the prevailing wage for the occupation in the area of employment is based on the best information available
2. The working conditions offered to you will not adversely affect other workers similarly employed. Working conditions commonly refer to matters “including hours, shifts, vacation periods, and fringe benefits”
3. There is no strike or lockout in the occupational classification at the place of employment
4. A notice has been provided to the bargaining representative if any, or posted a notice that a labor condition application has been filed. The notice must be posted in two or more conspicuous places for a ten-day period and shall contain certain information

2.Your employer may file an H1B LCA electronically through the DOL iCERT website

1. Mail

An employer with physical disabilities that prevent them from filing electronically may submit written request to file the LCA by mail. Only upon approval of the written request can an employer use the mail.

1. Filing The H1B Petition

An H1B petition is filed on USCIS Form I-129, along with the Form I-129H supplement and the approved Labor Condition Application (LCA) Form ETA-9035 from the U.S. Department of Labor. Your H1B petition documents must include:

1. Evidence that the proposed employment qualifies as a specialty occupation
2. Evidence that you have the required degree by submitting either:
3. A copy of your U.S. baccalaureate or higher which is required by the specialty occupation
4. A copy of your foreign degree and evidence it is equivalent to a U.S. degree
5. Evidence of experience and education, which is equivalent to the U.S. baccalaureate degree
6. A copy of any required licenses or other official permission to practice the occupation in the state of intended employment
7. A copy of any written contract between you and your employer, and a summary of the terms of the oral agreement under which you will be employed.

1. Premium Processing of Your H1B Petition

You may have your H1B petition adjudicated within 15 calendar days by applying for H1B premium processing.

For an additional fee of US $1,440, the USCIS guarantees a prompt decision on your H1B petition. You will receive either an approval notice, a request for further evidence, a notice of intent to deny the petition, or a notice of investigation for fraud or misrepresentation within 15 calendar days from the date you applied for H1B premium processing. If it fails to respond within 15 calendar days, it will refund the $1,440 fee and continue to process the petition under the expedited process.

1. Applying For The H1B Visa At An American Consulate

To apply for the H1B visa, you must furnish the original or copy of the Notice of Action, Form I-797A or B (the approval notice forwarded to your employer when the petition is approved). Your visa application must include the following documents:

• DOS Form DS-160, Nonimmigrant Visa Application
• A copy of your passport which is valid for at least six months beyond the period of stay in the U.S. and with at least one blank page
• A color photograph showing full face without head covering against a light background. You may wear a headdress if required by a religious order of which you are a member
• Your resume and education transcripts.
• A copy of the H1B petition submitted to the USCIS.

Duration of Stay

Under current law, you can be in H1B status for a maximum period of six years at a time. After that time you must remain outside the U.S. for one year before another H1B petition can be approved. However, foreign nationals working on defense department projects may remain in H1B status for ten years.

Note: You can be the beneficiary of an immigrant visa petition, apply for adjustment of status, or take other steps toward lawful permanent resident status without affecting your H1B status.

Spouse and Children

Spouses and/or unmarried children under the age of 21 who wish to accompany or join you in the U.S. for the duration of your stay can apply for H4 visas.

H1B Working Visa Frequently Asked Questions & Answers

1. What Is H-1B Work Visa?

The H-1B specialty workers visa is a nonimmigrant visa which allows foreign nationals to enter into the U.S. and perform services in a prearranged professional job. The job must be in a ‘specialty occupation’ and must require a bachelor’s degree as a minimum for entry into the field.

Note: The H-1B work visa allows an organization with an IRS Tax Number/ Federal Employer Identification Number to employ a foreign national for up to six years.

2. What Is ‘Specialty Occupation’ For The Purposes of H-1B Visa?

A specialty occupation requires theoretical and practical application of a body of specialized knowledge along with at least a bachelor’s degree or its equivalent.

Note: Architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts are specialty occupations. ‘cap gap’ rules that apply to F-1 students whose H-1B petition was filed before their OPT expired.

3. How Do I Qualify For H-1B Visa?

To qualify for H-1B visa, you must:

• Demonstrate that you have the ability to work in the specialty occupation that requires the theoretical and practical application of a body of highly specialized knowledge
• Be coming to the U.S. to earn money or a livelihood working in a professional capacity, and not for pursuing a hobby, for pass time, giving free advice or humanitarian service
• Seek temporary entry into the U.S.
• Have a bachelor’s degree or the equivalent in work experience. The USCIS may accept three years of work experience for each year of missing university education. This may be considered the equivalent of a four-year bachelor’s degree

Note: This classification also applies to Government-to-Government research and development, or co-production projects administered by the Department of Defense.

4. What Are The Benefits of H-1B Visas?

The benefits of H-1B visa are:

• Multiple H-1B visas: In most cases, there are no limits to the number of H-1B visas an individual may have in their lifetime
• Green Card: The H-1B professionals may simultaneously seek Lawful Permanent Residency or a Green Card for themselves and for their family
• Cost of early dismissal: The employer must agree to pay the foreign national the reasonable cost of transportation to go back to his/her home country if the employer terminates employment prior to the end of the authorized employment period. The foreign national will then go back to his/her home country. Normally, this is not a problem since the foreign national usually desires to stay in the U.S. and changes into another nonimmigrant status
• If you change jobs you must reapply for a new visa, under the new position. This does not mean that you have another six years. The H category visa allows you to stay in the country for six years, regardless of whether you changed employers during this period. Those who arrived in the country on H-4 visas, and converted to H-1B status, will have six years from the date they changed to H-1B.

5. What Are The Limitations of H-1B Visas?

The limitations of H-1B visa are:

• Temporary Duration: Because of the H-1B visa’s temporary nature, individuals who seek H-1B visa must have the intent to remain in the U.S. only temporarily. However, individuals who seek H-1B visas need not maintain a foreign residence and may later petition for Lawful Permanent Residence. If a petition for Lawful Permanent Residence is not made or the petition for Lawful Permanent Residence is denied, the H-1B worker will be required to return to his/her home country at the end of the authorized employment period.
• The H-1B Cap: An annual numerical limit is imposed on the number of H-1B visas issued during a fiscal year. Currently the cap is 65,000. However, the quota only applies to new H-1B applications, and does not apply to H-1B status holders who are seeking extensions or change of employer.

6. What is the validity period of H-1B visa?

Generally H-1B visa is granted for three years. It may then be extended for up to an additional three years.

For further extension, the H-1B professional must remain outside the U.S. for at least one year before becoming eligible for another H-1B visa. If the professional acquires permanent residency (Green Card) he/she need not remain outside the country for one year. Certain foreign nationals working on Defense Department projects may remain in H-1B status for 10 years.

There are Limited extensions allowed beyond the six maximum for certain foreign national who have permanent residence applications pending.

7. Can I bring my dependents on H-1B visa?

Yes, you may bring your dependents on H-1B visa. Your spouse and unmarried children under 21 years old are entitled to an H-4 visa and they can stay as long as you maintain valid H-1B status. However, they may not accept employment, but may attend school in the U.S. You may even bring your servants on B-1 visa.

8. How do I apply for H-1B visa?

An individual may not apply for H-1B visa. H-1B status requires a sponsoring U.S. employer. A U.S. employer has to file the H1B petition to employ a foreign professional.

9. How should an employer petition for H-1B visa?

The Forms to be filed for an H-1B petition are:

Form ETA-9035, Labor Condition Attestation, through the iCERT website. Through this application your employer assures the DOL that he/she will provide you with a fair salary and equal benefits, similar to thise which are provided to a U.S. citizen.

Form I-129, Petition for Nonimmigrant Worker, with H Supplement, and supporting documentation including the approved LCA should be filed with the USCIS Regional Service Center having jurisdiction over the city of intended employment. When it is approved, the employer or agent is sent a notice or approval Form I-797 and a copy of it is forwarded to the American Consulate

10. What is the processing time for H-1B visa?

The H1B processing time varies because all cases are different. Generally it takes between three to six months to process an H-1B visa. You must wait at least two weeks after you send in your application for a receipt from the USCIS and another two weeks before you call the USCIS to check the status.

Note: When USCIS officials get your application package, they will send you a receipt showing the date your case was received and the receipt number assigned to it. Use the receipt number to track the status of your application when you call the number listed at the bottom of the receipt notice. you may also check the status of your petition online.

11. What do you mean by ‘H-1B dependent employer’?

An employer runs the risk of becoming an ‘H-1B dependent employer’ if he hires too many H-1B employees. Employers are considered to be H-1B dependent if they fall into any one of the following three categories:

• An employer has 25 or fewer full time employees of which more than seven are H-1B employees
• An employer has between 26 to 50 full time employees of which more than 12 are H-1B employees
• An employer has more than 50 full time employees of which 15% or more are H-1B employees

12. When should I file my H-1B petition if I am currently under optional practical training on F-1 visa?

You may file for H-1B status while in your practical training itself. Getting an H-1B takes a lot of time and sometimes you might have to wait if your OPT expires before you resume employment. If you file your H-1B petition while in the practical training, you should have your H-1B ready by the time you are out of training. If the H-1B petition is filed before the expiry of F-1 or B-2, you will not be out of status. If your OPT expires before the H-1B is approved, you cannot legally work until the H-1B is approved. However there are special ‘cap gap’ rules that apply to F-1 students whose H-1B petition was filed before their OPT expired.

13. What is the difference between H-1B status and H-1B visa?

An H-1B visa is a nonimmigrant visa issued by a U.S. Embassy or Consulate abroad. H-1B status is a nonimmigrant status issued by the USCIS to foreign nationals already residing in the U.S. or upon entry with an H-1B visa. Legal status allows you to stay legally within the U.S. while a visa allows you to seek entry into the U.S. legally.

14. I have been fired recently while on H-1B status. Can I remain legally in the U.S. by changing status to another nonimmigrant visa category?

Yes, you may apply for Change of Status to another nonimmigrant visa category for which you qualify. USCIS officers have been allowed to exercise their discretion to grant you another nonimmigrant status, if you apply for change of status shortly after your H-1B status is terminated, usally within 10 days after you are fired.

Note: If you are not planning to depart the U.S. the only way to maintain legal status is to file a new petition under a new employer or change status from H-1B to other nonimmigrant status, such as B-1 or B-2.

15. What is the new ‘displacement’ or ‘no lay-off’ attestation rule?

There are two new ‘displacement’ attestations that apply to H-1B dependent employers:

1. The first requires the employer to attest that he did not displace and will not displace a U.S. worker employed by the employer within the period beginning 90 days before and ending 90 days after the filing of the H-1B petition based on the Labor Condition Application
2. The second requires the employer to attest that he will not place the H-1B worker with another employer where:
3. The H-1B worker performs duties in whole or in part at one or more worksites owned, operated and controlled by the other employer
4. There are employment relationships with the other employer, unless the petitioning employer has inquired of the other employer and has no knowledge that the other employer has displaced or intends to displace another U.S. worker.

16. What are the documents required to apply for H-1B visa outside the U.S.?

The documents required for H1B visa application are:

1. Passport
2. Documents sent by your employer:
3. LCA – Labor Certification Approval
4. Appointment letter by your Employer
5. Tax Returns Papers of the company (if your employer sends them)
6. Copy of letter to the Department of Justice
7. Copy of letter to the Consular General of the Indian consulate
8. Copy of the official evaluation of your degrees (if your employer sends it)
9. Your certificates:
10. PG certificate (if applicable)
11. Appointment letter by your Employer
12. Appointment and Relieving certificates for all the companies where you claim employment or Service certificates from the company giving dates and duration of your service
13. Dates of any prior stays in the U.S. in H-1B status
14. Very short description of job duties with the sponsoring U.S. Company
15. If occupation requires licensure in the U.S., copy of current U.S. license or temporary license
16. A copy of your resume, any additional diploma or supporting certificates, just for good measure
17. Two Demand Drafts made in favor of the name specified – one for Processing Fee ($45)* and the other for Issuance Fee ($100)
18. Two/three passport size color photographs
19. If processing H-4 Visas for dependent family members, copies of biographic and visa pages for all family members:
20. Copies of children’s birth certificates
21. Copy of marriage certificate

17. What are the documents required to apply for H-1B status when already in the U.S.?

The documents required to process an H-1B petition while in the U.S. are:

• Copy of the biographic and visa pages of current passport
• Present U.S. address
• Foreign address (may be address of parents or closest relative)
• Day and evening phone numbers and/or e-mail address
• Copy of Form I-94 card
• Copy of all prior H-1B approval notices (if currently on F-1 status, copy of Form I-20)
• Dates of any prior stays in the U.S. in H-1B status
• Current resume listing employment history
• Copy of your university or college degree, and if available, copy of university or college transcripts
• If you have ever obtained a credentials evaluation, a copy of the credentials evaluation
• Title with the sponsoring U.S. Company
• Very detailed description of job duties with the sponsoring U.S. Company
• If occupation requires licensure, copy of current license or temporary license
• Copy of most recent W2
• Copy of most recent pay slip with current employer.

18. What factors determine the prevailing wage for an H-1B beneficiary?

Relevant factors in determining prevailing wage include:

• Job title
• Educational and work experience requirements
• Job duties
• Job location
• Labor contract terms

19. What is the checklist for employers of H-1B applicants?

There are two new ‘displacement’ attestations that apply to H-1B dependent employers:

• Copy of employment agreement, if any
• Salary of the foreign worker
• Full corporate name and address
• Address where the foreign professional will be working
• Name, title, phone number, fax number, e-mail address of company contact who will sign the petition
• H1B visa employer’s federal I.D. tax number
• Gross and net annual income for the employer for the most recent year for which such figures are available
• Current number of employees
• Year the company was established
• Company brochure or other relevant company literature, if available
• Number of H-1B workers on staff
• Title and a detailed description of the position, including responsibilities and duties

20. What is the difference between my H-1B visa and H-1B Status?

Being granted H-1B status and getting your visa stamped are two different things that are often confused. Getting H-1B approval implies that you are authorized to work in the U.S. and getting visa stamped implies that a visa had been affixed to your passport that authorized to seek entry to the U.S.

Usually H-1B authorizations are issued for a period of three years and the date stamped on your passport would be close to this period.

Introduction

The L1 intra-company transferee visa is available to employees of international companies who are being transferred to a parent, branch, affiliate or subsidiary in the U.S.

L1 Visa Eligibility – It Is Suitable For:

• Foreign national executives being transferred to the U.S. to manage an organization or a major function or division of an organization
• Foreign national managers being transferred to the U.S. to supervise work of other supervisory, professional or managerial employees, or who manages an essential function, department or subdivision
• Specialized Knowledge employees of companies outside U.S. that have related U.S. branches, subsidiaries, affiliates or joint venture partners
• Employees and partners of international accounting firms
• Multinational companies to transfer foreign national executives to manage an organization or a major function or division of an organization in the U.S.
• Multinational companies to transfer foreign national managers to supervise work of other supervisory, professional or managerial employees, or who manages an essential function, department or subdivision in the U.S.
• Multinational companies to transfer employees with specialized knowledge such as, its products, research methods and marketing techniques

L1 Visa Benefits

• You may legitimately come to the U.S. as an L1 visa intra-company transfer and at the same time, lawfully seek to become a permanent resident
• You can freely travel in and out of the U.S. while on a valid L1 visa
• Your dependents can live with you in the U.S.
• Your spouse can apply for a work permit by filing Form I-765 and engage in employment

L1 Visa Requirements

1. Criteria For Determining Employer’s Eligibility

To be eligible to sponsor an L1 visa, the following conditions must be met:

• A qualifying relationship must exist between the U.S. company and the foreign company abroad
• Both the foreign company and the U.S company must remain open, active and viable for the entire duration of your employment in the U.S. Failure to maintain required levels of operation results in the loss of L1 status

1. Criteria For Determining Employee’s Eligibility

To apply for an L1 visa, you must demonstrate that:

• You have been employed overseas by the transferring organization for at least one year within the past three years and you will be performing duties in the U.S. for the same employer or an affiliate
• You are a manager, executive or a specialized knowledge employee

L1 Visa Notes

• To change the purpose of your visit while you are in the U.S. on an L1 visa, you must change your visa status.
• The information provided here is applicable to New L1 Visa and L1 Extension.
• Spouses of L1 visa holders may accept employment in the U.S. by obtaining an Employment Authorization Document.
• Qualified U.S. companies that frequently transfer non-U.S. employees to their U.S. branches, subsidiaries, affiliates or joint venture partners may do so easily by obtaining L1 Blanket status.
• Managers and executives holding L1 visas may apply for a Green Card under the first preference category: priority workers. This category is exempt from Labor Certification.

L1 Visa Process

Learn About L1 Visa Application Process And Documents Checklist

Applying For L1 Visa

You cannot apply for an L1 visa as an individual. To sponsor your L1 visa, your employer must file a petition with the U.S. Citizenship and Immigration Services (USCIS) on your behalf.

1. Filing The L1 Petition

An L1 petition is filed on USCIS Form I-129, along with the Form I-129L supplement. Your L1 petition documents must include:

1. Documentation verifying the corporate relationship between the U.S. company and the foreign company (usually a letter from the corporate secretary, and the Articles of Incorporation of both the foreign and the U.S. company)
2. Documentation verifying capitalization structure of the company (e.g. records of stock or equity ownership)
3. Detailed job description and requirements for the position – In case of a specialized knowledge position, detailed description of your unique knowledge to be used by the U.S. company
4. Documentation proving that you have worked in the foreign company for a continuous period of over one year in the preceding three years in an executive or managerial capacity, or were employed in a position involving specialized knowledge, and that you are coming to the U.S. to work in an executive, managerial, or a specialized knowledge position
5. If you are coming to the U.S. to setup a new office, submit evidence of establishment of new office (e.g. lease for office space, sales contracts, etc.)
6. Annual report of both foreign and the U.S. company, and/or other reports showing the type of business and financial stability
7. Organizational chart indicating your position in the U.S. company as well as the foreign company
8. Copies of applicable business permits/licenses and registrations

1. Applying For L1 Visas At An American Consulate

To apply for the L1 visa, you must furnish the original or copy of the Notice of Action, Form I-797A or B (the approval notice forwarded to your employer when the petition is approved). Your visa application must include the following documents:

1. DOS Form DS-160, Nonimmigrant Visa Application. (Note: Some Consulates may still require submission of DS-156 and DS-157)
2. A copy of your passport which is valid for at least six months beyond the period of stay in the U.S. and with at least one blank page
3. Two identical color photographs showing full face without head covering against a light background. You may wear a headdress if required by a religious order of which you are a member
4. Your resume
5. Copy of the petition submitted to the USCIS (recommended)

Duration of Stay

1. L1A Visa

Employees in Managerial and Executive positions (L1A visa) may be admitted initially for a three-year period if they intend to join an existing company or a one-year period if they intend to join a newly established company. After initial entry, extensions are granted in two-year increments for a maximum period of seven years.

1. L1B Visa

Employees in specialty positions (L1B visa) may be admitted initially for a three-year period if they intend to join an existing company or a one-year period if they intend to join a newly established company. After initial entry, extensions are granted in two-year increments for a maximum period of five years.

Spouse and Children

Spouses and/or children under the age of 21 who wish to accompany or join you in the U.S. for the duration of your stay can apply for L2 visas. Spouses are eligible to take up employment after obtaining an employment authorization document.

Introduction

The O1 visa is available to people of extraordinary ability in the field of arts, science, education, business or athletics. You must have achieved a level of expertise indicating that you are among the few individuals who have risen to the very top of the field of endeavor.

O1 Visa Eligibility – It Is Suitable For:

• Foreign nationals who have received major prizes or awards or other recognition for outstanding achievements in the field of arts, sciences, education, business or athletics and with a job offer from a U.S. company
• Foreign nationals who have produced original scientific or scholarly contributions in the academic fields and with a job offer from a U.S. company
• Artists and entertainers of extraordinary ability affiliated with motion picture or television industry
• S. companies to hire foreign nationals with extraordinary ability in the field of arts, sciences, education, business or athletics

O1 Visa Benefits

• You can enter the U.S. and accept employment in a position which requires people of extraordinary ability
• You do not have to maintain a foreign residence and show intent to return to your home country while applying for the visa
• Your dependents can stay with you as long as you maintain your O1 visa status. They can also attend school
• You can freely travel in and out of the U.S. provided you have a valid visa

O1 Visa Requirements

1. Criteria For Employer To Sponsor The O1 Visa

To sponsor an O1 visa, your employer must prove that services performed by the O1 visa holder would:

• Primarily involve a specific scientific or educational project, conference, convention, lecture, or exhibit sponsored by scientific or educational organizations or establishments or
• Consist of a specific business project that requires an extraordinary executive, manager, or highly technical person due to the complexity of the project

1. Criteria For Employees To Apply For The O1 Visa

To be eligible for the O1 visa, you must have sustained national or international acclaim by receiving major internationally recognized awards such as the Nobel Prize, or provide proof of at least three of the following:

1. You have received nationally or internationally recognized awards or prizes of excellence in your field of endeavor
2. You are member in associations, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields
3. Your work has been described in professional or major trade publications, or major media
4. You have participated as a judge, either individually or as a member of a panel, of the work of others in the same or an allied field
5. Your articles have been published in professional or major trade publications
6. You have made original scientific, scholarly, or business-related contributions of major significance in your field
7. You have performed in a leading or critical role for organizations or establishments that have a distinguished reputation
8. You command a high salary or remuneration for your services
9. or Any other evidence to show your eligibility

O1 Visa Notes

• To change the purpose of your visit while you are in the U.S. on an O1 visa, you must change your visa status.
• The information provided here is applicable to New O1 Visa and O1 Extension.

Applying For O1 Visa

You cannot apply for O1 visa as an individual. A U.S. employer has to sponsor your O1 visa. To sponsor you, the employer must file Form I-129, Petition for a Nonimmigrant Worker, with the Form I-129O/P supplement, and supporting documentation. The petition is submitted to the U.S. Citizenship and Immigration Services (USCIS) Service center with jurisdiction over the location of the job. Once the USCIS approves of the O1 visa petition, you may apply for the O1 visa at an American Consulate overseas.

1. Filing The O1 Petition

An O1 petition is filed on USCIS Form I-129, along with the I-129 O/P Supplement. Your O1 petition documents must include:

1. A written consultation with a peer group in your area of ability
2. A copy of any written contract between you and your employer, or summary of terms of the oral agreement under which you will be employed
3. Copies of evidence that the services to be performed either:
4. Primarily involve a specific scientific or educational project, conference, convention, lecture or exhibit sponsored by scientific or educational organizations or establishments, or
5. Consist of a specific business project that requires an extraordinary executive manager, or highly technical person due to complexity of the project

4.Evidence that you have received a major internationally recognized award, such as a Nobel Prize, or copies evidencing at least three of the following:

1. Receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor
2. Membership in associations in the field which require outstanding achievements as judged by recognized international experts
3. Published material in professional or major trade publications or newspapers about you and your work in the field
4. Participation on a panel or individually as a judge of the work of others in the field or an allied field
5. Original scientific or scholarly research contributions of major significance in the field
6. Authorship of scholarly articles in the field in professional journals or other major media
7. Evidence that you command a high salary or other high remuneration for services
8. Evidence that you have performed in a leading or critical role for organization or establishments that have a distinguished reputation.

If you are overseas, the USCIS will notify the consulate nearest your Place of residence of the approval. You must take the O1 approval notice to the American Consulate to obtain the O1 visa. If you are already in the U.S., you can start working for your employer as soon as you receive the approval with change or extension of status.

1. O1 Visa Premium Processing

You may have your O1 petition adjudicated within 15 calendar days by applying for premium processing.

For an additional fee of US $1,440, the USCIS guarantees a prompt decision on your O1 petition. You will receive either an approval notice, a request for further evidence, a notice of intent to deny the petition, or a notice of investigation for fraud or misrepresentation within 15 calendar days from the date you applied for premium processing of your O1 visa. If it fails to respond within 15 calendar days, it will refund the $1,440 fee and continue to process the petition under the expedited process.

1. Applying For O1 Visa At An American Consulate

To apply for the O1 visa, you must furnish the original or a copy of the Notice of Action, Form I-797A or B (the approval notice forwarded to your employer when the petition is approved). Your visa application must include the following documents:

• DOS Form DS-160, Nonimmigrant Visa Application
• A copy of your passport which is valid for at least six months beyond the period of stay in the U.S. and with at least one blank page
• Passport style photograph showing full face without head covering against a light background. You may wear a headdress if required by a religious order of which you are a member
• Other documents included in the O1 petition

Duration of Stay

There is no limit on the length of your stay in the U.S. You can stay for an unlimited period with one year extensions as long as you continue in the same position or activity for which you were granted O1 visa.

Note: If you terminate employment with the petitioning employer, you will immediately lose O1 status and if the employer dismisses you prior to the date authorized by USCIS, the employer is responsible for your return transportation to your last place of residence outside the U.S.

Spouse and Children

Spouses and/or children under the age of 21 who wish to accompany or join you in the U.S. for the duration of your stay can apply for O3 visas.