+ Who qualifies for O-1 status?

The O-1 visa was designed for individuals with extraordinary ability in the sciences, arts, education, business, or athletics, or who have a demonstrated record of extraordinary achievement in the motion picture or television industry. During a consultation, we will discuss your accomplishments in your line of work to determine whether you are a good candidate for the O-1 visa.

+ I am a recent graduate. Can I qualify for an O-1 visa?

If you have engaged in authorized work with distinguished organizations or on distinguished projects, received awards in your field, or been the subject of press coverage, you may qualify for an O-1 visa. We recomend consulting with an attorney to determine if you qualify for an O-1 visa as early as possible during your OPT.

+ How long will I be granted O-1 status?

Your O-1 status may be granted for up to 3 years, and may be renewed indefinitely in 1-3 year increments. The duration of the approval is tied to the time necessary for you to complete the projects or work documented in your application.

+ What is the processing time for an O-1 visa?

At the time of this writing, cases filed without Premium Processing may take up to 3 months to be reviewed. Processing times fluctuate, so check the USCIS website for the most up to date information. Premium Processing refers to an additional fee an applicant may pay USCIS to guarantees review of an application within 15 days.

+ Who can file an O-1 visa?

An employer, an agent representing multiple employers, or an agent representing a foreign employer may file an O-1 petition. Applicants cannot self-petition.

+ When can I file an O-1 visa?

You may file an O-1 visa up to one year prior to the start of the start date of your employment or engagements.

+ What documentation do I need to file with my O-1 petition?

The basic requirements for an O-1 petition are:

• completed Form I-129,
• contract between the petitioner/agent and the applicant,
• contract(s) between the applicant and employer(s), if applicable,
• copy of the itinerary,
• proof that the applicant meets the regulatory criteria, and
• consultation letter from the proper labor and/or management organization, or from a peer group.

+ Once I obtain O-1 status, can I bring supporting personnel?

In many cases, yes. The O-2 visa is available for persons coming to the U.S. to support the work of an individual with extraordinary ability in the arts, athletics or motion pictures or television.

+ Once I obtain O-1 status, can my family accompany me?

The O-3 visa is available for spouses and children under 21 of O-1 visa holders. Unfortunately, dependents will not receive work authorization, but our office can assist in transitioning spouses to visa categories that permit employment when possible.

+ What are the USCIS filing fees for an O-1 filing?

The base fee for Form I-129 is $460. Premium Processing, which is optional but often recommended, is an additional $2,500.

+ What happens if I am laid off or quit my job?

If you are laid off or resign before your O-1 status expires, in many cases you will be permitted to remain in the U.S. for 60 days from the last day of employment or until the end date of your I-94, whichever period is shorter. During this grace period, you can seek employment and transfer to a new employer by submitting a new O-1 petition.

+ Can I perform work that was not on my itinerary without amending my application?

This is a fact specific situation that you should discuss with your attorney before diverting from your itinerary to avoid inadvertently violating the terms of your status. Artists and entertainers sponsored by an agent may add additional performances or engagements during the validity period of the petition without filing an amended petition, so long as the additional performances or engagements are in the same field of endeavor and require a worker of O-1 caliber.

If you do not qualify for the above exception, you must file an amended petition before making any material changes to the terms and conditions of your employment. Examples of material changes may include changes in employer, worksite location, changing from full time to part time employment, or substantial changes to job duties.

+ How can I have my case evaluated?

You may schedule a consultation to with attorney Maria Saenz to go over your qualifications for O-1 status. Please send your resume and a request for a consultation to maria@mariasaenzlaw.com or through our "Contact Us" page. We will provide an in-depth consultation indicating whether we believe you are a good candidate for an O-1 visa, discuss case strategy, and if needed, give you actionable steps to improve the likelihood of success based on our proven track record with O-1 visas.

+ Do I need to live in Los Angeles or New York to work with Attorney Maria Saenz?

No. Maria Saenz represents clients around the country and the world and can handle case preparation for O-1 and most other immigration matters remotely.