Qualify for either an H-1 B or O-1 visa?
The O-1: An alternative to the H-1B.
Question: I have years of experience,
But an H-1B
Are there any alternatives to the H-1B?
Answer: There is the option of the O-1.
I normally do not used this as a first resort,
But it most definitely is an option The O nonimmigrant visa is for people of “extraordinary ability.”
The regulations also provide for O-2 visas for supporting workers. Eligibility for O visas is based on nonacademic achievements.
There are no numerical limits on the O visas issuable
Each year and O petitions may be valid for up to three years,
With extensions in one-year increments.
Question: What are the procedures for O-1 Visas?
Answer: An application for an O visa requires a U.S. employer to file a petition with a U.S. Citizenship and Immigration Services (USCIS) service center on Form I-129, with an O supplement, a “consultation,”
If the beneficiary will work concurrently for more than one employer, each employer must file a separate petition
Question: Can I self-petition for the O-1?
Answer: A foreign national cannot self-petition for an O-1 visa.
USCIS regulations permit an “agent” to act as an employer to sponsor the foreign national.
The petition must be accompanied by a summary of the employment agreement’s terms (i.e., a letter from the petitioner).
A foreign national outside the United States submits the approval notice to an American consulate with Form DS-160 5 (or DS-156 and, if necessary, DS-157 and/or DS-158), and the visa fee.
If in legal status in the United States, the foreign national, at the time of filing the petition, may apply for change of status using Form I-129.
Question: What are the advantages of the O-1?
For example, a violin maker’s occupation is not an H-1B specialty occupation, as it does not require a degree.
A violin maker of extraordinary ability, however, may be able to obtain an O-1 visa. Similarly, a chemist with a Ph.D., patents, and publications
A foreign national who has exhausted the time permitted in H or L status may apply to change status to O-1 to remain working in the United States.
Further, J-1 visa holders subject to the two-year foreign-residency rule under Immigration and Nationality Act (INA) §212(e) may be able to obtain an O-1 visa, which is exempt from INA §212(e) restrictions.
Question: What do you have to show to get an O-1 Visa?
However, you should be able to provide at least three that are on the list:
(1) Documentation of the alien’s receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
(2) Evidence of the alien’s original scientific, scholarly, or business-related contributions of major significance in the field;
(3) Evidence of the alien’s authorship of scholarly articles in the field, in professional journals, or other major media;
(4) Evidence that the alien has either commanded a high salary or will command a high salary or other remuneration for services, evidenced by contracts or other reliable evidence.
Thus, it is not easy to get an O-1, but is a very viable alternative to the H-1B and is always available.