September 8th, 2023 at 05:06 am
O-1 Visa Updates: O-1 Visa Petitions, Requirements & Processing Time
You cannot self-petition for an O-1 visa, to the best of our knowledge. To establish an employee-employer relationship, you might set up a corporation as an applicant and work for yourself. There are workarounds available for those who are not necessarily working or have not received a job offer to apply for the O-1 Visa.
Learn more about the requirements, eligibility, and processing times for O-1 Visa self-petition.
Establishing an employer-employee relationship
Identifying an employer-employee relationship: USCIS letter. the phrase American employer;
- First and foremost, engages a person to work in the United States
- Secondly, it has an employment relationship with its workers. According to this section, as implied by the fact that it may employ, compensate, discharge, monitor, or otherwise regulate the employment of any such employee who possesses a tax identification number issued by the Internal Revenue Service. Being the sole manager, sole operator, or sole employee is not permitted because it does not create an employer-employee relationship.
- Being the single or majority shareholder of a corporation and serving on the board of directors, for instance, will establish the connection because other board members may wield power over you in a hierarchical manner, allowing them to fire you or make payments to you.
O-1 Visa Self-Petition Criteria
- First, the presence of investor evidence.
- Next, the existence of bylaws that list the names and duties of board members.
- Third, the board’s ability to specifically fire the foreign national by the bylaws.
- Also, other investors will oversee the on-site work of the foreign nationals
- Additionally, the availability of the foreign nationals’ performance evaluations, their level of monitoring, and the choice of their daily activities
These O-1 self-petition cases will be carefully examined by USCIS to see if the firm has any control over the beneficiary.
Likely questions to be asked by immigration officials
- Does the petitioner oversee the beneficiary and is this supervision conducted on-site or off-site?
- In off-site situations how does the petitioner maintain supervision?
- Does the petitioner have the authority to manage the beneficiary’s daily work when necessary?
- Are the tools and equipment required for the beneficiary’s job provided by the petitioner?
- Does the petitioner possess the right to hire terminate and remunerate the beneficiary?
- Does the petitioner evaluate the beneficiary’s work including performance and progress reviews?
- Does the petitioner offer any employee benefits to the beneficiary?
- Is the beneficiary claim for tax purposes by the petitioner?
- Does the beneficiary create the final product that directly aligns with the petitioner’s expertise?
- Does the beneficiary use the petitioner’s proprietary information to perform their job duties?
- Can the petitioner dictate how the beneficiary work product is achieved
How to show extraordinary ability as an entrepreneur
When starting a business, an entrepreneur must still be able to exhibit exceptional talent. Here are the supporting documents you should include with your application to USCIS.
- Foremost, receiving accolades that are nationally or internationally renowned and may provide the business with further funding
- Second, belonging to a prestigious group that requires exceptional performance
- Next, occupying an important position in prestigious organizations. This criterion can be met if the candidate is the company founder by providing letters of recommendation and thorough role descriptions.
- Also, reviewing other people’s efforts in the industry, such as through competing in Pitch events
- Moreover, being paid well by one’s level of knowledge in a particular field
- Above all, writing papers for prestigious journals and other media sources
Requirements for O-1 Visa Petitions
The O-1 Visa comes in two subcategories. The O-1A visa is for people with exceptional potential in the arts, business, education, and athletics, while the O-1B visa is for people who have made significant contributions to the film or television industries.
One must exhibit outstanding skill through ongoing national or international acclaim to meet the O-1 visa requirements. You must possess a degree of competence that is shared by just a small subset of those who have achieved the pinnacle of their area.
O-1 Visa processing time
Depending on which service center is in charge of making decisions about the necessary considerations, the overall O-1 processing center may change. The period takes into account the I-129 form, the Consular processing of the DS-160 form, and an interview.
The processing times for the i-129, ds-160, and consular applications vary greatly and can take anywhere between two and three months. Depending on where you are, your appointment could take two to three weeks. Remember that you can choose premium processing for an additional $2,500 price to shorten the processing time and that the O-1 visa is typically handled more quickly than other visas like the H-1B visa.
US Visa Waiver Program 2023: Visit US Without Visa
The Biden administration has been urged by 65 US senators to complete work on the Visa Waiver Program by September 30 to allow Israeli nationals to enter the country without a visa.
Israeli citizens must request permission to visit the US. The Senators have written to Anthony Blinken, the Secretary of State, and Alejandro Majokcas, the Secretary of Security, requesting them to include Israel in the Visa Waiver Program, citing the last hurdle preventing Israel’s inclusion.
Profiling of Arab Americans attempting to enter Israel as they work to meet the September deadline. The letter, which also has the backing of Tom Nides, the current US ambassador to Israel, seeks to complete Israel’s enrollment in the visa program.
The Middle Eastern nation satisfied two of the criteria for enrollment in the program, including the requirement that no more than 3% of visas be refused. The Israeli government has enacted laws and implemented policies that allow member countries to share intelligence.
The need that the waiver to be available to all citizens, regardless of ancestry or religion, remains a barrier to the program’s reciprocity. The State Department has noted that over the years, some US citizens of Arab or Muslim descent have encountered difficulty and discriminatory treatment at Israel’s border and checkpoints and that Israel requires special permissions for Americans carrying Palestinian identity documents.
Latest Appeal
A handful of Democrats have joined Arab Americans and other organizations. They, however, call for complete reciprocity as a prerequisite for Israel’s admission to the visa waiver program.
14 Senate Democrats urged the Biden administration not to give down on the blue-is-blue rule. This delivered through a letter to Blinken and Mayorkas last month. Everyone traveling to or from the United States with a blue passport receives equal treatment. 39 Republicans and 26 Democrats co-wrote the new letter.
Visit Newsnowgh.com for the most up-to-date information on changes to visa criteria, prospective paths to obtaining legal residency, and others.