Is H1B a dual intent visa?
Dual Intent Visa. The H-1B, L-1 and O-1 employment visas are pure dual intent visas that give the holder nonimmigrant privileges and a clear path to a green card if there is a willing sponsor. Approval of labor certification or the filing of an immigrant visa petition does not preclude granting H-1B status, L-1, or O-1 status.
What is the difference between O1b and O2 visa?
O-1B: Individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry; O-2: Individuals who will accompany an O-1 artist or athlete to assist in a specific event or performance; and O-3: Individuals who are the spouse or children of O-1 and O-2 visa holders.
Can an O-1 visa holder apply for extraordinary ability and achievement?
The O-1 visa holder must seek to enter for the purpose of continuing to work in the area of his or her extraordinary ability or achievement but there is no requirement that the position to be filled is one that would require a person of O-1 caliber. c. (U) Defining Extraordinary Ability and Extraordinary Achievement:
Can dual intent visa holders get a green card?
Dual intent visas can be hugely useful to anyone who, for example, hopes their job in the U.S. will turn to a permanent one, leading the employer to sponsor them for a green card. This is not to say that single intent visa holders can never obtain a U.S. green card.
Which visas are dual intent?
Common U.S. Nonimmigrant Visa Statuses Allowing Dual Intent These categories are: H-1B temporary workers in a specialty occupation. H-4 dependents (spouses and unmarried children under 21 years old) of H-1B workers. L-1A itntracompany transferees executive or manager.
Can you work 2 jobs on O-1 visa?
Can an O-1 Visa Holder Work for Multiple Employers? You can work for multiple employers on an O-1 visa. It must, however, be noted that most U.S.-based work visas, including the O-1, are designed to reflect the contractual agreement between you and each of the employers you are to work for.
Is O-1 an immigrant visa?
The O1 visa for the US is a non-immigrant type of visa, which is issued to foreign nationals who have exceptional abilities or achievements in their field. Because it is aimed at individuals in science, education, or the arts, it is also referred to as an extraordinary ability visa or an artist's visa.
Is O-1 visa considered permanent resident?
However, one of the main issues with the O1 visa is that it does not lead to a green card. The O1 visa is a non-immigrant visa and so it is temporary. Although there is no limit to the number of times an O1 visa can be renewed, it cannot, on its own lead to permanent residence.
Can spouse of O-1 visa work?
Unfortunately, O-1 spouses are not permitted to work in the United States. Taking up employment will be a violation of your visa status and may affect your stay, leading to heavy penalties under immigration law. If you want to work, you will need to change your status to a work visa category, such as an H-1B.
Can I change employers with O-1 visa?
23. Can I change employers on O-1 work visa? Yes, you may change employers on O-1 visa, however, a new petition must be filed by the new employer.
How long does it take for O-1 to get green card?
When your petition is approved, you can submit an I-485 form to have your status adjusted. This should also take about 6 months and premium processing is not available for this form. All told, the O-1 visa to green card processing time should take about one year without premium processing.
Is O-1 visa better than H-1B?
Advantages of the H-1B Visa as Compared to the O-1 The H-1B visa has one particular advantage: Its threshold ability and education requirement is much lower than for the O-1. The H-1B requires a bachelor's level degree (or its equivalent) in the same specialty that the employer is hiring for.
What type of visa is O-1?
The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those ...
How long is an O-1 visa good for?
three yearsThe O-1 visa may be valid for an initial period of three years and may be extended indefinitely in one-year increments. J-1 visa holders may be able to obtain an O-1 visa even if they are subject to the two-year home residency requirement.
What happens after O-1 visa approval?
You can schedule your visa interview with your receipt number, beginning with EAC or WAC, once your O-1 petition is approved. During a visa appointment, you will be fingerprinted, photographed, and interviewed about your visa application and your prospective stay in the United States.
What constitutes evidence of extraordinary ability?
The required evidence can be anything that distinguishes you from among your peers in your field. An internationally-recognized award such as a Nobel Prize or Academy Award is sufficient evidence. In the absence of this, three (3) of the following items can be substituted for each visa.
What is the Process of Obtaining an O-1 Visa?
For most, however, the first step to obtaining an O-1 Visa would be for you to file form I-129, Petition for Nonimmigrant Worker along with the associated filing fee.
How much time should I allow for the process of obtaining an O-1 Visa?
The processing time for an O-1 visa is relatively short compared to other work visas, though you should expect anywhere from three to four months. To learn more about processing time and other information detailed in these O-1 visa FAQs, take a look at this post.
How long can I stay on an O-1 visa?
The O-1 visa is issued with an initial period of stay of up to three years, with the option to request for extension after the initial approval for an indefinite number of times. Your status may be renewed in one-year increments or until the completion of your project as long as you can provide evidence to justify the request. You may file for an extension of stay any time from six months before the expiration of your current status. The most important thing is to submit your petition before the expiration of your current status.
How can I extend my O-1 visa?
Should you require more time in the U.S. to complete your contract, you can apply for an extension provided you fall within the following qualifications:
Will I get deported if I overstay my visa?
If you require more time to complete your contract and your O-1 visa extension petition is denied, you can remain until the departure date given on your I-94 without fear of being forcibly removed.
Does the O-1 visa allow dual intent?
Yes , the O-1 visa allows for dual intent, which means that as an O-1 visa holder, you can file for permanent residence and adjust your status from a nonimmigrant to a green card holder. Dual intent allows a nonimmigrant visa holder to obtain or continue to maintain his or her nonimmigrant status despite having the intention of obtaining permanent residence (green card). This advantage is one of the factors that distinguish the O-1 classification from some other nonimmigrant visas.
What is dual intent visa?
A dual intent visa allows foreign nationals to be temporarily present in the United States with the intention of possibly immigrating to the U.S. permanently. That’s significant because most temporary visas require that the visitor intend to return home.
Who can use a K-3 visa?
The K-3 visa is used by the spouse of a U.S. citizen to enter the U.S. while waiting for a pending Form I-130 alien petition filed by the U.S. citizen spouse listing him/her as beneficiary. In each case, these are spouses (or future spouses) of U.S. citizens that will granted the privileges of immediate relatives.
What is nonimmigrant intent?
Nonimmigrant Intent. U.S. immigration law provides for the existence of immigrant visas (permanent green card holders) and nonimmigrant visas (temporary visitors). Before issuing visas, foreign nationals must state their intentions and prove to the consular officer that he or she meets the standards required by the particular visa classification ...
What is the form for an immigrant visa?
First, the applicant must have an immigrant petition filed on his behalf. Generally, an immigrant petition is filed by a family member (Form I-130) or an employer (Form I-140). Once the petition is approved and an immigrant visa number is immediately available, the immigrant may adjust status.
Can I file for a nonimmigrant visa without dual intent?
The issue that emerges for a nonimmigrant without a dual intent visa is that by filing Form I-485, it brings into question whether or not the applicant had a “ preconceived intent ” at the time he or she was granted the nonimmigrant visa. It is plausible that the immigrant entered the U.S. with the intent to return to his home country but changed his intentions (perhaps due to a job prospect or romantic relationship). But an immigrant cannot have the preconceived intent to enter the U.S. for a purpose different from that permitted under his/her nonimmigrant visa.
Is an H-1B visa a dual visa?
The H-1B, L-1 and O-1 employment visas are pure dual intent visas that give the holder nonimmigrant privileges and a clear path to a green card if there is a willing sponsor. Approval of labor certification or the filing of an immigrant visa petition does not preclude granting H-1B status, L-1, or O-1 status. To the contrary, it is to be expected. However, the consular officer must be satisfied that the applicant will depart the U.S. voluntarily when his or her authorized nonimmigrant stay expires if not granted a green card.
Is there a rule for F-1 visas?
Again, these aren’t rigid guidelines applied to every type of nonimmigrant visa. In fact, there are exceptions to the rules. For example, for an applicant applying for an F-1 student visa, there is some leniency provided for the applicant. The Department of State understands that the typical student is young, without employment, without family dependents, without substantial personal assets, and often without very specific plans for the future. Thus, consular officers will consider the “residence abroad” requirement for students in a broader light, and instead focus on the student applicant’s short-term intent. A decision to grant an F-1 visa is therefore based on the applicant’s immediate intent – not on what that intent might be in the future.
How to change employers on O-1?
If you are an O-1 nonimmigrant in the United States and want to change employers, the new employer must file Form I-129 with the USCIS office listed on the form instructions. If an agent filed your original petition, your new employer must file an amended petition with evidence showing they are your new employer and a request for an extension of stay.
What to do when a document has a watermark?
When a consultation includes a watermark or other distinctive marks to confirm the authenticity of the document , petitioners should submit to USCIS the version containing the watermark or other distinctive marks. Copies of documents that do not contain the appropriate watermark or other distinctive marks may raise doubts about the authenticity of the document and may result in processing delays. For example, USCIS may request that the petitioner submit the original version of the document. To avoid processing delays, petitioners should ensure that they submit the appropriate version and that any associated watermark or other distinctive marks are legible.
What is an O-1 visa?
The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.
How long do I have to file an I-129?
Your employer or agent cannot file your Form I-129 more than one year before the artist or athlete will begin employment. To avoid delays, your employer or agent should file your Form I-129 at least 45 days before the date of employment .
What is an O-1B?
The O nonimmigrant classification are commonly referred to as: O-1A: Individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry); O-1B: Individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture ...
What is an itinerary for a petition?
Itineraries. The petitioner must provide an explanation of the nature of the events or activities, the beginning and ending dates for the events or activities, and a copy of any itinerary for the events or activities, if applicable. The petitioner must establish that there are events or activities in your field of extraordinary ability for ...
How long can an O nonimmigrant stay in the US?
As an O nonimmigrant, you may be admitted to the United States for the validity period of the petition, plus a period of up to 10 days before the validity period begins and 10 days after the validity period ends. You are only authorized to work during the validity period of the petition.
What is the purpose of the I-129?
The petition may not be filed more than one year before the actual need for the beneficiary's services. Form I-129 is also used to request extensions of petition validity and extensions of stay in O status. (See 9 FAM 402.13-8 below.)
What is the form for a nonimmigrant worker?
9 FAM 402.13-6 (A) (U) Using Form I-129, Petition for a Nonimmigrant Worker, to File Petition
How long is an O-1 petition valid?
(U) An approved petition for an beneficiary classified O-1 will be valid for a period determined by USCIS to be necessary to accomplish the event or activity, not to exceed three years.
How long can an O-1 stay in the US?
(U) An O-1 or O-2 nonimmigrant may be admitted to the United States for the validity period of the petition, plus a period of up to ten days before the validity period of the petition begins and ten days after it ends. The nonimmigrant may not work except during the validity period of the petition. There is not an overall time limit as to how long one may be present in the United States in total in an O-1 status, such as there is for the H - 1B and L - 1 visa classifications.
How far in advance can I apply for a visa?
c. (U) You are authorized to accept and issue visas to qualified applicants up to 90 days in advance of applicants’ beginning of status as noted on the Form I-797. You must inform applicants orally and in writing that they can only use the visa to apply for admission to the United States starting ten days prior to the beginning of the approved status period noted on their Form I-797. (See 9 FAM 402.13-8 below.) In addition, such visas must be annotated:
What is an O-2?
(U) The O-2 category applies to noncitizen who is coming temporarily to the United States solely to assist in the artistic or athletic performance of an O-1 nonimmigrant. An O-2 must be petitioned for in conjunction with the services of the O-1 to whom he or she provides support and is not entitled to work separate and apart from the O-1. To qualify for status, O- 2s must:
What is considered a prospective work O-1?
b. (U) Criteria for O-1's Prospective Work: The Department of Homeland Security interprets the statute to encompass “any field of endeavor” which may include such professions as craftsmen , lecturers, the culinary arts, etc. The O-1 visa holder must seek to enter for the purpose of continuing to work in the area of his or her extraordinary ability or achievement but there is no requirement that the position to be filled is one that would require a person of O-1 caliber.
What is an O-1 alien?
O-1 aliens with extraordinary ability in sciences, arts, education, business or athletics
Can a single visa holder get a green card?
This is not to say that single intent visa holders can never obtain a U.S. green card. They will, however, have to tread carefully, and will have various timing considerations to take into account.
Can a nonimmigrant visa have dual intent?
But a few types of nonimmigrant visas allow for dual intent. It's a not entirely logical concept, which allows foreign nationals in the U.S. to have two things in mind at once: nonimmigrant intent ("I'm going to leave the U.S. when my visa term is up") and immigrant intent ("While I'm in the U.S., I'd also like to try to qualify for lawful permanent residence").
Is Your Ultimate Desire to Get a U.S. Green Card?
If the foreign national intends to live in the U.S. for only a temporary time, as opposed to permanently, then they fit one of the key qualifications for a temporary visa. In legal terms, their intent would be classified as "nonimmigrant intent."
What is the standard of review of O1 visa?
Aliens of different specialties are imposed different standards of review. The standard for determining “extraordinariness “ is highest for business persons, scientists and educators, and lower for the arts. For persons whose expertise is in science, education, and business, extraordinary ability is shown by sustained national or international acclaim and the aliens must have risen to the top of the field. This standard is similar to that the EB1-A immigrant visa. To qualify as an O-1 alien of extraordinary ability in the arts, the immigration rules require “distinction.“ “Distinction“ means a high level of achievement in the field of arts as evidenced by a degree of skill and recognition substantially above that ordinarily encountered, to the extent that a person is described as prominent, leading, or well-known in the field of arts. Those seeking a visa to work in the television or motion picture industry have a different standard. They need to demonstrate record of extraordinary achievement. All O-1 seekers must be entering the United States to work in the field in which he has received that acclaim.
What is the processing time for O1 visa?
O-1 petitions also have the option of requesting premium processing, which will shorten the initial processing time for an I-129 petition to 15 calendar days.
Can my family join me if I obtain an O1 visa?
Yes. Spouses and children of an O1 visa holder are eligible for admission to the United States in O-3 status. Dependents need to show proof of the family relationship. Dependents may not engage in employment, but may attend school or college.
Who qualifies as an alien of extraordinary ability as scientists, educators, business people and athletes?
In addition, the foreign person is seeking to enter the United States to continue to work in the field of endeavor that is the subject of the acclaim.
What does “extraordinary ability“ mean?
The phrase “extraordinary ability“ means a level of expertise indicating that the individual is one of that small percentage who has risen to the very top of the field of endeavor.
How should an application establish that the foreign national has sustained national or international acclaim in business, science and education?
National or international acclaims can be demonstrated by receipt of a major internationally recognized award such as Nobel Prize or the Acade my Award. Alternatively, the foreign person must provide at least three of the following types of evidence:
Who can file the O petition?
Class O aliens cannot petition on their own behalf. Only a United States employer or agent may file a petition, and petitions must be filed with the USCIS Service Center in the jurisdiction where the O-1 alien intends to work. A foreign national intending to work for multiple employers must have petitions filed on her behalf by each employer in their respective jurisdiction unless the petition is filed by “an established agent.“ Agents are those persons authorized by foreign employers to file an I-129 petition and to accept service of process.
