For all others, here is the application process: The LCA process is a prerequisite for the H-1B visa application. Premium processing can be used to speed up this processing time, but if you are subject to the cap, then the earliest you can start working is October 1st. Professional, responsive and transparent are a few words that come to mind when looking back at our dealing with this law firm. B1, B2 B1 Visitor for Business; B2 visa or visitor visa for Pleasure is available for coming to the US for business or pleasure. I unreservedly endorse this lawyer. In some states, the information on this website may be considered a lawyer referral service. However, the major difference is that the process requires your prospective employer to get a Labor Condition Application (LCA) from the Department of Labor before a petition can be filed on your behalf. The first step of the U.S. employment-based nonimmigrant visa application process is choosing the category with the best prospects for an individual applicant. The existence (or not) of a cap is only one of the major differences between the O-1 and H-1B, many other differences exists, which we discuss next. The H-1B and O-1 are used at the NIH to employ scientists in Title 42 (FTE) positions. Bachelor level degree applicants have an annual cap of 65,000 and Master’s degree or higher face a Masters exemption of 20,000. VisaPro > Resources > Article > US Athlete Visa: B1, B2, H1B, H2B, O1 And P1 Visa. For those in the television and motion industry, they must be able to demonstrate that they have exceptional talent. However, as long as the project continues, the O-1 visa can be extended for one year at a time without any maximum limit. The O-1 visa is also an employment-based, nonimmigrant visa, which does not give you permanent residence (a “green card”). The O-1 nonimmigrant visa 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 … Needless to say we are now pursuing our business endeavours in the USA. To learn more about the EB-1 requirements, see EB-1 Visa for Priority Workers: Who Qualifies?. To learn about the detailed requirements of this visa, please see H-1B Visa to the U.S.: Who Qualifies?. The O1 visa is the awesome person visa. It’s important to note that while the O-1 Visa does not have an education requirement, the H-1B visa does. The two most common work Visas for the United States are the L1 Visa and the H-1B Visa. The H-1B to green card process may be longer due to the Labor Certification requirements. However, it is not as easy as it is for the O-1. Unlike the H-1B, for which employers start applying in April, the O-1 visa can be applied for at any time of the year, as long as the job in the U.S. will start within one year from application. But will my H1b expire on Jan 4 once the O1 kicks in? We have been availing Attorney Shilpa's services for the past couple of years and our experiences have been very good. Not only that, we will also help you file your petition, and give you the best possible chance of success. O-1A: For those with exceptional ability in the sciences, education, athletics or business, O-1B: For those with exceptional ability in the motion picture or television industry, If you base your qualification on a single international award, it is expected to be in the category of a Nobel Prize or a Grammy. Additional requirements are placed primarily on the employer. The O1 visa is a non-resident US visa for people who demonstrate extraordinary ability in their field, whether that be the arts, sport, business, education, or the sciences.. The H-1B is a nonimmigrant visa that allows specialized workers to be employed in the U.S. Due to its relatively low eligibility requirements, the H-1B is the most popular nonimmigrant visa available. Each year, non-US foreign nationals applying for an H1B visa to work in the USA take their chances with the ‘H1B Visa Lottery’.. If you base your qualification on a single international award, it is expected to be in the category of a Nobel Prize or a Grammy. To learn about the detailed requirements for this visa, read O-1 Visa to the U.S.: Who Qualifies?. An approved H-1B visa will become effective in October of that year, meaning even if your petition is granted earlier, you will have to wait till October. U.S. employers can file for several O-1 visas at any time of the year so long the employees are qualified. This factor is usually considered at the outset of choosing a visa category. Immigration US visas O-1 extraordinary ability visa. Advantages of H-1B status include the following: Individual can hold H-1B status longer than J-1 Status: While temporary, it allows a maximum period of stay of 6 years, whereas J-1 visiting professors and researchers are admitted for up to 5 years. The H-1B requires a bachelor’s level degree (or its equivalent) in the same specialty that the employer is hiring for. Very passionate about her work! For the H-1B3, an applicant must be a prominent fashion model with distinguished merit and ability. An H-1B, by comparison, will ordinarily reach its maximum renewals after six years, unless you qualify for special exceptions based on having had another application pending with USCIS for a long time. To decide which petitions are selected for this cap, there is a lottery in which the petitions are chosen at random. The employer’s ability to get the paperwork filed on time and “win” the selection lottery is only the first step. The H1-B visa category applies to people who wish to perform services in a specialty occupation, services of exceptional merit and ability relating to a Department of Defense (DOD) cooperative research and development project, or services as a fashion model of distinguished merit or ability. The O-1 nonimmigrant visa 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 … . My current employer wants me to work until that time so that I can wrap up the work here. This is from the beginning to the end of the process, including the LCA application, which usually takes around 7 working days. Unlike the H-1B, for which employers start applying in April, the O-1 visa can be applied for at any time of the year, as long as the job in the U.S. will start within one year from application. green card). The visa cap the numeric limit of each visa category per year – meaning once the given number is reached, all unselected applicants will have to wait for the following year. The L1 visa is a separate visa altogether and is offered One of the highest aspirations of many foreign nonimmigrant visa holders in the U.S. is to become a U.S. green card holder. On balance, the O-1 and H-1B each have unique advantages that might or might not apply to every prospective applicant. Not only that, we will also help you file your petition, and give you the best possible chance of success. This is why you would greatly benefit from the service of an experienced immigration lawyer. This article will discuss the advantages and disadvantages of each. You can start preparing your journey to the U.S. the moment your visa is approved, unlike some employment-based classifications which only take effect at a certain period of the year. Unlike the H1B visa which is capped at 85,000 annually, there is no numeric cap for O visas. At Immi-USA, we have a team of highly experienced O-1 and H-1B attorneys who will discuss your case with you and help you choose the category that best suits your eligibility. This article discusses the requirements, benefits, and processes for each status while offering helpful tips for choosing the best one based on your eligibility. Introduction. But, there is no cap, which is one of the major glaring differences between the two. Is it possible to convert O1 visa to H1B? You can always renew your status for as long as your contract or employment in the U.S. is still valid. The H-1B requires a bachelor’s level degree (or its equivalent) in the same specialty that the employer is hiring for. This isn’t just the case when traveling for leisure, but for work as well. Generally, only 65,000 H-1B visas are made available for each fiscal year with an additional 20,000 meant for only those with a U.S. masters or higher degree. Thank you so much for all your help !! An itinerary or explanation of the specific activities your job would involve, including the beginning and ending dates of the contract. Some specialties require an unrestricted license to practice and/or a considerable level of experience or training for the said specialty. From the moment my wife and I met with Miss Shilpa she set our expectations and helped us submit our visa applications. The O-1 visa is specifically meant for talented people, allowing them to come to the U.S. to work on a particular project or event. If a union has a collective bargaining agreement in the field, then that is the appropriate union with which to consult. Overall it was a great experience working with her! Some interesting O-1 Visa facts that may help you: Consultations/Written Advisory Opinion Generally speaking, a consultation/written advisory opinion is required from a labor union before an O-1 visa petition may be adjudicated. However, it will be very helpful to consult an experienced immigration attorney and discuss your chances for each of the two before starting the process. At Immi-USA, we have a team of highly experienced O-1 and H-1B attorneys who will discuss your case with you and help you choose the category that best suits your eligibility. Every H-1B petition is subject to this cap except for the following scenarios: If the petition is selected or is not subject to the cap, the processing for the I-129 could take the USCIS up to six months or longer depending on the caseload at the service center processing the petition. Only a few people in their fields can meet the evidentiary criteria of the O-1 category, which makes it a less attractive route for many foreign nationals seeking nonimmigrant employment-based status in the U.S. Let us compare the two categories based on their advantages and disadvantages. Visas are used for a number of reasons when entering a country, so you must secure a visa depending on the purpose of your visit. Every year, employers must file their H-1B visa petitions with the U.S. government starting in April, in order for the employee to receive a visa that will be effective the October of the same year. H1 visa is a special visa that allows U.S.-based employers to hire foreign employees to work for them. The attorney listings on this site are paid attorney advertising. However, one way to sum up the requirements for an O-1 visa is that it is meant for those who can prove that they have risen to the very top of their fields and have substantial documents and/or major international awards to back up these claims. It is a “capped” visa, which means a limited number of new visas are available every year (with exceptions and exemptions, such as for people who plan to work for institutions of higher education or related nonprofits). If you have a genuine reason preventing you from presenting a consultation from a peer group, the USCIS may waive the consultation and base their decision off of other items on your records. Priority Workers: who Qualifies? give you the best option for seeking a permanent residency in! O-1 Comparison Chart advantage: its threshold ability and education requirement, the O-1 organized and on! I-129 petition usually takes between 2-3 months to process should stick with U.S. employment-based visa! 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