There are several programs for immigration of highly skilled specialists in the USA. O-1 is one of them. Businessmen and startups who have awards, membership in associations and, for example, publications in the media, can easily get this visa. The same goes for representatives of the creative professions. So do not think that the visa application "for persons with outstanding abilities" is available only to Nobel Prize winners or movie stars.
The main thing is to prove that the applicant meets the criteria of extraordinary and there is a specific company in which he will work in the USA . In the case of businessmen, the issue of having an employer is solved very simply: it is enough to have a branch or your own company in the USA. Other professionals require employment agreements with US agencies or corporations.
The official website of the program
The O-1 is a nonimmigrant work visa for national or international businessmen and professionals. High-qualified businessmen, scientists, professors, athletes apply for this visa in order to move to the United States and work on a specific project. The most important thing is to find an employer in the USA and confirm the high qualifications and achievements of the applicant (awards, membership in associations, publications in the media, grants, etc.).
More precisely, the appropriate level of merits in official documents is formulated as follows: "A degree of knowledge, skill and fame, significantly exceeding the recognized or leading experts in the field." It may sound scary, but in practice, the O-1 visa is available to anyone who draws up a package of documents with regalia under the guidance of a competent consultant.
USCIS, the US Citizenship and Immigration Service, regulates the issuance of visas of this and other types. About 15-17 thousand O-1 visas are issued in the world every year, so it will be possible to issue a visa and go through the entire procedure quickly - in one or two months - and without fear of not falling into the quota ( the program does not have such restrictions).
Another plus of the O-1 program is that an immigrant is not tied to one employer, has the right to get a new job within 60 days after being fired. Also, the main applicant has the right to move his spouse and minor children to America with an O-3 visa.
There are two subtypes of visas for main applicants: O-1A and O-1B. The first option is for gifted specialists from business, science, education, sports, and the second one is for celebrities from the field of art, cinema and television.
Businessmen and startups can participate in the program through the creation of a legal entity in the United States (for example, C-Corp.). At the same time, the founder's shareholding should not be a controlling one. (Since O-1 is a work visa, the company should formally have the option to fire this employee.)
For the first time the O-1 visa is issued for one-three years (depending on the applicant's citizenship) with the right to renew it. You may stay any number of days in the US per year necessary for successful business. An O-1 nonimmigrant visa does not lead to citizenship or residence permit, but almost the same set of documents can be applied for an EB-1 green card, for example, after moving to the States, when professional merits appear in a new country.
On April 22, 2020, Donald Trump signed a proclamation to suspend the entry of foreign workers from countries at risk because of the coronavirus outbreak. Issuing new visas for H-1B, H-2B, J and L categories has been suspended until December 31, 2020.
Requirements for the applicants:
Family members may move to the United States with the applicant:
The valid period of their visas cannot exceed the valid period of the visa issued to the main applicant.
State fees
If the applicant is abroad and submits documents through the consulate: the consular fee for filing an online application is $190.
If the applicant is already in the United States: $460 is the standard fee for processing an I-129 petition with USCIS; $1,440 is the fee for expedited review (15 days).
Legal expenses
The services of a lawyer who will accompany the process cost $3,000-10,000. Additionally, you may need assistance in registering a legal entity and preparing a business plan if these options are not included in the lawyer's fee.
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