Posts Tagged ‘O-1’
Visa Extensions: A Problem?
Many of my immigration attorney colleagues are reporting denials of visa extension requests. These are situations where the foreign national is already in the U.S. working legally; but when it comes time to renew the visa, the USCIS says no.
If your status is about to expire, do not think that the USCIS will simply rubber stamp a prior approval and extend your visa. Now more than ever it is important to thoroughly document your eligibility again even if nothing about the employment situation has changed. What was approved once will not necessarily be approved again.
Although most reported cases I’ve heard about involve denials of L-1, O-1 and H-1B visa extensions, other visa types are not remotely immune to the culture of no that pervades USCIS these days.
In fact, just this past weekend, the New York Times reported that E-2 visas are becoming difficult to extend. See http://www.nytimes.com/2010/05/30/us/30visas.html?pagewanted=2&sq=E-2%20visa&st=cse&scp=1 for a woeful tale of a business forced to shut down because its British proprietors were not able to renew their visas.
Tags: E-2, extension, H-1B, L-1A, O-1, renew, visa
Posted in Alerts | Read More »
Do I qualify for the O-1 visa category?
The O-1 category is reserved for individuals of extraordinary ability in the arts, sciences, education, business, or athletics. It also includes those with a demonstrated record of extraordinary achievement in the motion picture or television industry. This category requires employer-sponsorship. An individual may not self-petition for O-1 status.
Extraordinary ability in the field of arts means a high level of achievement evidenced by a degree of skill and recognition substantially above that ordinarily encountered. In other words, the individual is a person of distinction and would be described as prominent, renowned, leading or well-known.
Extraordinary ability in the field of science, education, business, or athletics means a level of expertise indicating that the person is one of the small percentage who have arisen to the very top of the field of endeavor.
Extraordinary achievement with respect to motion picture and television productions means a very high level of accomplishment in the motion picture or television industry. The person must be recognized as outstanding, notable, or leading.
The evidence required in O-1 cases is extensive. Some examples include: evidence that the individual has received nationally or internationally recognized awards for excellence in the field; or evidence that he/she has made original contributions of major significance to the field, among other criteria.
Please note that the field of endeavor can be defined generally (Software Engineering), or more specifically (Medieval French Literature).
Please contact our immigration law office if you wish to discuss your eligibility for the O-1 category.
Tags: extraordinary ability, O-1, original contributions
Posted in FAQ - O-1 | Read More »
