What are the steps of applying for O-1 visa?

Applying for an O-1 visa involves several steps, and you must ensure that you provide comprehensive documentation to demonstrate your extraordinary abilities or achievements in their field. Here's an overview of the steps for applying for an O-1 visa:

Step 1: Determine Eligibility

To begin, you must establish their eligibility and gauge whether you fulfill the requirements for an O-1 visa. This involves showcasing exceptional skills within your domain, spanning arts, sciences, education, business, athletics, or the motion picture or television industry.

Step 2: Secure a Sponsor

Some applicants may have a U.S. employer or agent who will sponsor them. While self-petitioning is not permissible, it is feasible to be employed by or affiliated with a company (O1A entrepreneur) where you do not exercise "complete control." The concept of control pertains to the authority of an external entity to make decisions about your employment, including hiring or termination.

Example 1: Say you’re a CEO and a founder of a start-up enterprise. It's imperative to have a co-founder or co-owner within the company who holds some degree of influence.

Example 2: Alternatively, let's assume you function as a solo-founder. In such a scenario, you would be required to establish a Board of Directors to oversee your responsibilities.

Step 3: Collect Documents

The next step is to collect comprehensive documentation that demonstrates the individual's extraordinary abilities or achievements. This may include awards, recognition, publications, critical reviews, recommendation letters from experts in their field, and evidence of their impact.

Step 4: Consult an Immigration Attorney

It's advisable for you to work with an experienced immigration attorney who can guide you through the application process, review your documentation, and ensure that your case is presented strongly.

Step 5: File Form I-129

Your U.S. employer or agent will file Form I-129, along with the required supporting documentation, with the appropriate United States Citizenship and Immigration Services USCIS service center. If the applicant chooses to use Premium Processing, they can expedite the processing time for an additional fee.

Step 6: USCIS Review OR Consular Processing

USCIS will review the application and documentation to determine whether you meet the criteria for an O-1 visa. This process may take several months. If you are outside the United States, you will need to apply for the O-1 visa at a U.S. embassy or consulate in their home country and provide additional documentation as well as attend an interview. You should be prepared to discuss their achievements and provide any additional requested information.

Step 7: Wait for Visa Approval

Once the application is approved, you will receive the O-1 visa stamp in their passport. This allows you to travel to the United States. With the O-1 visa, you can enter the United States and begin your authorized employment or activities. Keep in mind that this is a general outline of what it may look like to apply for an O-1 visa, but the number of steps and requirements may vary depending on the individual’s circumstances.

How can Xu Law Group help?

To ensure a smooth process, it's vital to compile all essential documents and maintain open communication with your immigration attorney. Generally, applicants collaborate with their sponsoring employer or agent to initiate the O-1 visa application. Attorneys aid in securing recommendation letters from notable figures in the field. 

Contact Xu Law Group today for your O-1 visa. Our team will provide legal assistance and guidance throughout the entire process. We know that this isn’t an easy journey and can be emotionally taxing, but we’re here to help you to achieve success. We believe in building a strong foundation with our clients to ensure that you will get your O-1 visa, and it all starts with trust.

Questions? Talk to a lawyer.

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