The O1 Visa: One of the last Work Visas standing in 2020 after Trump’s Visas Ban

On June 24th, 2020, the H1B, H2B, J, and L visas were all postponed for 180 days until December 31st, 2020. Under the current circumstances, the O1 visa is the only option for those either already in the US on another visa willing to find a way to stay, or internationals looking to make the move to the States. We have compiled important information regarding the O1 visa for you to gain more clarity regarding you different options.

Since the implementation of President Trump’s Executive Proclamation on June 24th, 2020, the H1B, H2B, J, and L visas have all been postponed for 180 days until December 31st, 2020. The new Presidential Proclamation should only impact new labor applications as in those who have not yet obtained a visa to travel to the USA. Any foreigner who currently holds a valid unexpired visa (including in one of these categories) is exempted from this proclamation.
Yet the O1 Visa has not been targeted by this executive order, and is still a viable option for staying in the USA. The O1 visa is the only option for those either already in the US on another visa willing to find a way to stay, or internationals looking to make the move to the States. Thus, we have compiled some information regarding the O1 visa, and we hope it assists you in understanding if the O1 Visa is right for your current situation or for one of your employees.
If you are an employer interested in gaining more information regarding the O1 visa for current employees or future employees, please contact us at careers@architect-us.com and we will send you more information.

What is the O1 Visa?

The United States Citizenship and Immigration Services (USCIS) defines the O1 nonimmigrant visa as follows, «…(it) 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.»

Extraordinary ability is defined as someone with distinction within their field. Distinction means a high level of achievement in the field of the arts evidenced by a degree of skill and recognition substantially above that ordinarily encountered to the extent that a person described as prominent is renowned, leading, or well-known in the field of arts. But no worries, it is achievable! Many Architect-US participants‘ did get it, and you could be the next one! Read here their O1 Visa stories.

Considering the O1 Visa is administered through the USCIS, it will require a lawyer for this process. In comparison to the J1 Visa that is administered through the State Department, and does not require any legal representation. If you’re interested in gathering more info about the J1 Visa please fill out this form with your name and email and we’ll contact you.

10 Steps to preparing your O1 Visa application

1. RESUME: Have a detailed resume ready.

2. TIMELINE: Discuss timeline of each of the preparation steps to follow. Generally – Document gathering and case plan creation by client in consult with attorney 2-4 weeks.

Case preparation by an attorney – variable depending on the case but generally 1-3 weeks
3. SPONSORSHIP: Decide on sponsorship type (employer or agent).

4. RECOMMENDATION LETTERS: Collect a list of at least seven references who can provide recommendation letters commenting on your professional experience and achievements.

5. SUPPORTING DOCUMENTS: Prepare supporting documentation (media articles related to professional projects, copies of awards/publications, 3-year itinerary, employment letter(s), portfolio, signed recommendation letters, etc.).

6. ADVISORY OPINION: Obtain advisory opinion from the appropriate consulting entity. Fill out the form below at the end of the post if you want us to help you!

7. FORMS & FEES: Obtain signed immigration forms and filing fees.

8. SUBMISSION: Submit O-1 package (USCIS processing times vary between 1-3 months. For an additional “Premium Processing” fee, USCIS will process the case within 15 calendar days).

9. RFE RESPONSE: Respond to any Request for Further Evidence (“RFE”).

10. CHANGE OF STATUS/VISA: Once approved, change of status (if in the US already, status change occurs upon approval) or consular processing to obtain O1 Visa (in your home country).

If you need further legal advice on the O1 Visa and the application process, please fill out the form below so we can send you more information and next steps. And remember, dream always like Bjarke Ingels, BIG!!! 🙂

Find more information about the O1 Visa here: O1 Visa Requirements, News & Application | Online Visas



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