She had winning ideas, creativity and excellence right from the onset which reflected upon what was filed, and the hard work and heart put into it for the resultant success. After that, if you are outside the U.S., you will be scheduled for an interview a few weeks after the decision on your I-129. 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). Individuals who apply and fail to obtain an H-1B temporary visa to work in the United States might consider an O-1 visa instead. When US employers wish to hire skilled workers on a temporary US visa, they often use the H1B visa and L1 visa (L1A and L1B). 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. However, they set my employment start date to be Jan 18. To get in touch with our immigration attorneys, you can schedule a consultation with us today by filling out this contact form. This is from the beginning to the end of the process, including the LCA application, which usually takes around 7 working days. The new company must apply for a new H1B visa (or visa transfer) with the Department of Labor with copies of CV, transcripts and other documents. is another nonimmigrant temporary classification which applies to foreign nationals who wish to live and work temporarily in the U.S. in any of these three fields: H-1B2 DOD Researchers and Development Project Worker, That the employer will pay the beneficiary the prevailing wage, That the beneficiary’s employment will not negatively impact the current employees, That the current employees have been notified of the intent to hire the beneficiary, That no lockout or strike is taking place at the beneficiary’s intended worksite, After getting an approved LCA, your prospective employer will then proceed to file. This is the same procedure as someone procuring an H1B, L1 or E3 visa would go through. Depending on the service center processing your application, the I-129 petition usually takes between 2-3 months to process. But if you happen to have a major international award or an abundance of other achievements and your prospective employer or attorney says you are likely to qualify for either an H-1B or O-1, then consider the advantages of the O-1, below. Professional, responsive and transparent are a few words that come to mind when looking back at our dealing with this law firm. On balance, the O-1 and H-1B each have unique advantages that might or might not apply to every prospective applicant. The processing time for the H-1B visa is dependent on individual applicant, employer, service center, and consulate. It’s important to note that while the O-1 Visa does not have an education requirement, the H-1B visa does. My current employer wants me to work until that time so that I can wrap up the work here. Is it still a requirement to go through lottery in such case ? It is available to people who have extraordinary ability in science, art, education, business, or athletics, as well as those who have extraordinary achievement in television production or motion pictures. Thank you so much for all your help !! To learn about the detailed requirements of this visa, please see H-1B Visa to the U.S.: Who Qualifies?. Not only that, we will also help you file your petition, and give you the best possible chance of success. Unlike the H1B visa which is capped at 85,000 annually, there is no numeric cap for O visas. She responded to calls and text messages almost immediately and didn’t leave any questions unanswered. O-1 Visa: Individuals with Extraordinary Ability or Achievement. The L1 visa is a separate visa altogether and is offered For an O1 visa, the form I-129 petition, for a non-immigrant worker, needs to be filed no more than 1 year before the start of the work date. Visa renewal policy of O1 and H1B is also very different. 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. It was re-assuring to hear from her over and over, during the process that "I will want your case or petition to be successful.". The U.S. employer initiates the application process by filing an ETA-9035 with the Department of Labor. Overall it was a great experience working with her! Most of the time, people find it difficult to secure a visa and often they do not know which type of visa to apply for. O1 Visa alternative to H1B. Due to requirement similarities between O-1 nonimmigrant and EB-1 immigrant visas, most O-1 holders have a good shot at EB-1 green card after spending a certain number of years in the U.S. may be longer due to the Labor Certification requirements. The only exception to this is the H-1B2, where an LCA is not required. Your prospective employer/agent will need to file an I-129, Petition for Nonimmigrant Worker in a bid to sponsor your O-1 visa. From the very first time we spoke, Shilpa (SGM) already had in mind, a plan and methodology to approach the task at hand, making me believe it was possible. She is well organized and always on top of everything! Like the H-1B visa, the O-1 is employer-sponsored, and children and spouses are allowed to accompany the visa holder. Differences Between H-1B and J-1 Status. The H-1B also has an initial period of stay of 3 years, but you cannot go beyond a total of six years through extensions unless you have an approved green card petition. H-1B holders typically work in such fields as engineering, mathematics, computer programming, biotechnology, and business, among other professional fields. Nonimmigrant Work Visas | H1B, L1, O1, E1, E3 H1B Visa for specialty occupations. It’s no secret that applying for a Visa – and especially American work visas – is a bureaucratic roller coaster, but still, thousands of people brave the process every year in hopes of a brighter future.. As two of the most popular US Work Visas, the L1 visa and H1B visa receive hundreds of thousands of applicants every year.. 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. The job must be for a specialty position that requires at least a bachelor’s degree 3. Comparison Between L1 Visa and H1B Visa Posted by Rohit Mittal. Family Sponsors Petitioning for Immigrants. The O1 Visa. To learn about the detailed requirements for this visa, read O-1 Visa to the U.S.: Who Qualifies?. The H-1B visa has one particular advantage over the O-1: The threshold ability and education requirement of the H-1B is much lower than for the O-1. The H-1B does not give you permanent residence (a “green card”), but is a “nonimmigrant” (temporary) visa that allows you to stay in the U.S. and work in the specialty occupation for a limited period of time. 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, Period of Stay and Visa Extension for O-1 vs H-1B. Advantages of the 0-1 Visa. Money, fame and autograph hunters go hand in hand with top athletes who have practiced their sport all over the world. On average, however, this may take a minimum of 6 months. 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. Not only that, we will also help you file your petition, and give you the best possible chance of success. The petition must be filed with the following evidence: Compared to other employment-based visas, the processing time for an O-1 is relatively short. 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. In lieu of an award of this caliber, you must meet at least three of the requirements listed under the O-1A or O-1B evidentiary criteria. It must be sponsored by a prospective U.S. employer with evidence of a job offer and your qualifications for the position. 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. 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