This is an example of legal advice. For personalized advice, please visit the immigration advice page.
You have significant achievements, but in order to obtain an O-1 visa, you must intend to continue working in the same professional field
Key advantages of O-1 visa: Issued for 3 years with the possibility of renewalNumber of visas issued per year by the US government is not limitedYour spouse or children under the age of 21 can obtain an O-3 visa, which gives the right to move and reside in the US.To be approved for an O-1 visa, you need to have at least 3 of the 8 achievements listed below: Winning a professional competitionMembership in a professional associationMedia publications about youServed as a judge of professional competitionsOriginal contributions of major significance in your professional field (patents, inventions, etc.)Authorship of published articles in reputable journalsEmployment in a major capacity: head of a company, project, etc.Have or will have an above average salary or remuneration These may look intimidating, but certainly not impossible. The real key is interpreting these in a favorable way. For example, for business (one of the professional areas), getting into a famous accelerator (Y Combinator, 500 startups, etc.) or your project becoming ‘Product of the day’ on ProductHunt is considered winning an international competition. The same applies to other professional fields: if you are a web designer, getting your app to the top of the AppStore or Google Play could be interpreted as winning an international competition. An experienced immigration lawyer will be able to select the right category for your achievements and prove their value. How to apply: You have to make sure your job offer is valid. The application process starts from your employer, so without your employer willing to sponsor you, there is no chance of getting the O-1A visaYour employer must file Form I-129 petition for Nonimmigrant Workers with all the documents proving that you have extraordinary abilities and pay the application fee. The petition must get to USCIS at least 45 days before you have to start your employment.It takes about two to three months for the USCIS to process the petition. If you want to speed up the review process up to 15 days, you can order Premium Processing ($1,500). Please note that this does not affect your chances in any way.After the USCIS reviews the petition, they will give your employer the “notice” of their decision. If the decision is positive, then you can begin the application process.Required documents: Letter of recommendation from a specialist in their field.A copy of the written work contract. The contract must include a summary of the agreement under which you will be employed.A document explaining the activities and events you will participate in.Proof of your extraordinary abilities or achievements (the list and explanations are indicated above).To increase your chances, we advise you to hire a competent immigration lawyer. We wish you good luck! See you in the USA.
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