Who is eligible to apply for an O-1B visa?

Individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry can apply for a O-1B visa. To qualify for an O-1 visa in the motion picture or television industry, the beneficiary must demonstrate extraordinary achievement evidenced by a degree of skill and recognition significantly above that ordinarily encountered to the extent the person is recognized as outstanding, notable or leading in the motion picture and/or television field.

Who is eligible to apply for an O-1A visa?

Individuals with an extraordinary ability in the sciences, education, business, or athletics can apply for an O-1A visa. Extraordinary ability in the fields of science, education, business or athletics means a level of expertise indicating that the person is one of the small percentages who has risen to the very top of the field of endeavor.

Can my spouse and children come to the US with me on an O-1 visa?

Individuals who are the spouse or children of O-1’s and O-2’s can apply for an O-3 visa to accompany their spouse and parents. However, they will not be able to work in the US.

What is the maximum time I can stay in the US with an O-1 visa?

As an O nonimmigrant, the beneficiary may be admitted to the United States for the validity period of the petition, up to a maximum of three years, plus a period of up to 10 days before the validity period begins and 10 days after the validity period ends.

What are the 6 categories of O-1B visa?

To be qualified for an O-1 visa, the applicant must prove at least 3 out of the following 6 categories:

  • evidence that the applicant has performed, and will perform, services as a lead or starring participant in productions or events that have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publication contracts, or endorsements
  • evidence that the applicant has achieved national or international recognition for achievements evidenced by critical reviews or other published materials by or about the person in major newspapers, trade journals, magazines, or other publications
  • evidence that the applicant has performed, and will perform, in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation, as evidenced by articles in newspapers, trade journals, publications, or testimonials
  • evidence that the applicant has a record of major commercial or critically acclaimed successes (as evidenced by title, rating, standing in the field, box office receipts, motion pictures, or television ratings) and other occupational achievements reported in trade journals, major newspapers, or other publications
  • evidence that the applicant has received significant recognition for achievements from organizations, critics, government agencies or other recognized experts in the field. Such testimonials must be in a form that clearly indicates the author’s authority, expertise, and knowledge of the applicant’s achievements, and
  • evidence that the applicant has either commanded a high salary or will command a high salary or other substantial remuneration for services, as compared to others in the field, as shown by contracts or other reliable evidence.

You're Interested in an O-1 Visa: What's Next?

Please call or email us to schedule a free consultation. We will be happy to walk you through the process and review your documents and determine if you are qualified for an O-1 visa.

Do I need a visa sponsor/petitioner to apply for an O-1 visa?

Yes, you need an US visa sponsor/petitioner to apply for an O-1 visa. A copy of any written contract between the petitioner and the beneficiary is required.

Do I need to obtain a consultation letter?

Yes, you need to obtain a written advisory opinion from a peer group (including labor organizations). If the O-1 petition is for an individual with extraordinary achievement in motion picture or television, the consultation must come from an appropriate labor union and a management organization with expertise in the beneficiary’s area of ability. We will prepare a package on your behalf and submit it to the appropriate unions.

Green Card EB-1 FAQ

Who is eligible for an EB-1 green card?

You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Your achievements must be recognized in your field through extensive documentation.

Do I need a labor certification to apply for an EB-1 green card?

No, a labor certification is not required.

What are the categories of EB-1 green card?

You must meet 3 out of the 10 listed criteria below to prove extraordinary ability in your field:

  1. Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
  2. Evidence of your membership in associations in the field which demand outstanding achievement of their members
  3. Evidence of published material about you in professional or major trade publications or other major media
  4. Evidence that you have been asked to judge the work of others, either individually or on a panel
  5. Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
  6. Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
  7. Evidence that your work has been displayed at artistic exhibitions or showcases
  8. Evidence of your performance of a leading or critical role in distinguished organizations
  9. Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
  10. Evidence of your commercial successes in the performing arts

Do I need an offer of employment to apply for an EB-1 green card if I am an individual with extraordinary ability?

No, offer of employment is not required if you are filing for an EB-1 visa under extraordinary ability.

What Happens After You Apply

Once USCIS receives your Form I-140 for the EB-1 Visa, they will process your application and then you will receive:

    • A receipt notice of your Form I-140, Petition for Nonimmigrant Worker,
    • Receive notice for Biometrics appointment, and
    • A notice of a decision in writing.

What happens after your petitions is approved?

Once your petition is approved, and your priority date is current, you can apply to become a Legal Permanent Resident. You can do this by either filing a Form I-485 from inside the US or applying through the consulate. If you are outside of United States, you should apply through the consulate. This method is called consular processing. If you are in the United States and the visa is available and you are in a legal status, then you can apply to adjust status.

Can my spouse and child apply for a green card at the same time as me?

Yes, you can request a green card for your spouse and your unmarried children under the age of 21 when you apply for your own green card if they are currently in the US on a valid visa. There is one exception for spouse/child is in the US on a J-1/J-2 visa with 2 years Home Residence Requirements (HRR). They may not apply for an adjustment of status unless they have either served the HRR or have obtained a waiver of the HRR.

Family Based Green Card FAQ

Who is eligible for an adjustment of status based on marriage to a US citizen?

You can apply for an adjustment of status if 1) you were inspected and admitted or inspected and paroled into the United States; 2) You are physically present in the United States at the time you file for adjustments; 3) You are legally married to a US citizen 4) The citizen and the foreign spouse must prove that the marriage is bona fide and 5) you have not violated any laws.

Can lesbian and gay married couples apply for a green card if one partner is an US citizen?

Yes, The U.S. Supreme Court’s federal marriage equality decision in 2013 (United States v. Windsor) means that same-sex marriages are treated the same as heterosexual marriages for immigration purposes under U.S. law and United States Citizenship and Immigration Service (USCIS) treats applications from same-sex couples the same as applications from heterosexual couples.

What documents do I need to apply for adjustments of status based on marriage?

  • Copy of Petitioner’s Citizenship or Legal Permanent Residency;
  • Copy of Beneficiary’s Legal Entry (Passport, I-94 or Stamp);
  • Beneficiary’s Birth Certificate: Native Language and English Translation ;
  • Documentation to show relationship (Marriage Certificate, sister’s birth certificate, petitioner’s birth certificate if petitioning parents);
  • Proof of Petitioner & Beneficiary’s Termination of prior marriage (Judgment) (If applicable);
  • Medical Exams conducted by an immigration certified civil surgeon ;
  • Two (2) photos for Petitioner (Passport Style);
  • Four (4) photos for Beneficiary (Passport Style);
  • Copy of the petitioner’s Income Tax Return for the last three years;
  • Copy of the petitioner’s Verification of Employment Letter; and
  • Copy of Last three pay check stubs

Does my US citizen spouse need to financially support me?

Yes, the US citizen spouse must file Form I-864, Affidavit of Support which is a contract he/she signs to use his/her financial resources to support the intending immigrant named on the affidavit. The individual who signs the affidavit of support becomes the sponsor once the intending immigrant becomes a lawful permanent resident. The sponsor is usually the US citizen spouse. However, if the US citizen Spouse’s income is below poverty line, you can ask another US citizen to become your Co-sponsor and signs an Affidavit of Support.

An affidavit of support is a legally enforceable contract, and the sponsor’s responsibility usually lasts until the family member or other individual either becomes a U.S. citizen, or is credited with 40 quarters of work (usually 10 years).

Do I need to wait for my visa to become available?

No, Immigrant visas for immediate relatives of U.S. citizens are unlimited, so the visas are always available.

What happen after my petition is approved?

If the US citizen and foreign spouse have been married less than 2 years at the time the spouse becomes a permanent resident, a conditional 2-year green card will be issued.

How Can the Conditions Be Removed?

If you have received your green card through marriage and wish to remove the conditions after two years, you will need to submit an I-751 Petition to Remove Conditions. You must submit the I-751 at least 90 days before your conditional green card’s expiration date. If you don’t remove your condition timely, you may find yourself out of status when your marriage-based green card expires.

How can I apply for a green card for my spouse who resides outside the US?

If your spouse resides outside of the United States, you may apply at a U.S. Department of State consulate abroad for an immigrant visa in order to come to the United States and be admitted as a permanent resident. This procedure is known as “Consular Processing”.