Tag: O1 Visa

O1 Study Cases

US Immigration Advisor

O-1A Petition Approved for 3 years for a UK national

 
The beneficiary is an expert in innovation, particularly in digital strategy, corporate innovation, and building start-up companies.  

The petitioning US company provides innovation strategy, lean start-up experimentation and organizational design. The company caters mostly to high growth European tech start-ups with goals of expanding operations in the US. The company assesses current organizational structure, identifies barriers to innovation, and develops custom organizational design that aligns with the goals and supports innovation of the clients.  

O-1A  APPROVALS


The first one is an O-1A petition for a scientific/medical researcher and physician of extraordinary ability from Spain. The beneficiary has been approved to work for the petitioner for 3 years. 

Looking for an US immigration lawyer? Request free consultation at Davies & Associates or find our closest location around the world. 

This article has been written by Verdie J. Atienza, Esq., Senior Immigration Attorney, Head of E-2 and L-1 Visas Practice Team at Davies & Associates, New York Office.

Verdie J. Atienza is a Senior Attorney in charge of the firm’s L-1 and E-2 visa practice. He is a dual qualified lawyer in New York and in the Philippines and is qualified to practice immigration law in any state in the United States. 

 

EB-5 Source of Funds for Italians Webinar

New Consular Fees for Non-Immigrant Visas

US Immigration Advisor

The US Department of State published a Final Rule on March 28 regarding an increase in fees for certain categories of non-immigrant visa applications. The fee increase will be effective May 30, 2023.

The consular fee for employment-based categories such as the H-1B, L-1, and O-1 will increase from $190 to $205, and for the E-1 trader and E-2 treaty investor visa categories, the fee will increase from $205 to $315.

Other consular fees are not affected by this rule, including the waiver of the two-year residency required fee for certain exchange visitors. Current fees will continue to apply until May 30.

Fee information can be found on the Bureau of Consular Affairs website, travel.state.gov, and on the websites of U.S. embassies and consulates

L-1 Visa petition for Indian

DOS Extends Interview Waiver for Select Employment Visas

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On December 23, 2022, the US Department of State extended the in-person interview waiver for certain non-immigrant visa categories by another year, i.e., through December 31, 2023.  Consular officers will be authorized to continue to waive in-person interviews on a case-by-case basis for certain first-time and/or renewing applicants. 

Under this new policy, the following applicants will continue to remain eligible for an interview waiver through December 31, 2023:

  • Individual petition-based H-1, H-3, H-4, L, O, P, and Q applicants who were previously issued any type of visa, and who have never been refused a visa unless such refusal was overcome or waived, and who have no apparent ineligibility or potential ineligibility; or
  • Individual petition-based H-1, H-3, H-4, L, O, P, and Q applicants who are citizens or nationals of a country that participates in the Visa Waiver Program, provided they have no apparent ineligibility or potential ineligibility and have previously traveled to the United States using an authorization obtained via the Electronic System for Travel Authorization (ESTA).

Applicants renewing a visa in the same classification within 48 months of the prior visa’s expiration also remain eligible for interview waiver until further notice.

Note that consular officers may still require an in-person interview on a case-by-case basis, Applicants are advised to check embassy and consulate websites for more detailed information and specific procedures.

This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients. External links are not an endorsement of the content.

Visa for actors and musicians

As Elton John Criticizes Access to Europe for Artists, What are the Rules for USA?

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Sir Elton John has criticized the UK government for not doing enough to help musicians wanting to tour Europe in the aftermath of Brexit. John claimed artists were being figuratively (and sometimes literally) “stranded at Dover”, the name of the English town that acts as a gateway to Europe. As the issue remains unresolved, we explore the options for artists seeking to work and/or live in the United States.

Temporary Access to the US for Artists?

The US immigration options for artists depends upon whether they are seeking temporary or permanent admission to the United States. For temporary admission, the most appropriate visa is likely to be the O1B Visa for musicians, actors, and other professionals in the arts, TV or motion pictures industries (the O1A visa, by contrast, is for those with extraordinary ability in science, education, business or athletics). Applicants must have a job offer in the United States, and should – usually – meet several of the following requirements:

  • The applicant has taken a leading role in a production
  • The applicant has garnered coverage in the media or other publications
  • The applicant has been involved in a commercially successful project
  • The applicant has garnered review for their work from critics
  • The applicant has earned a high salary for their work

Your attorney will build your case based upon your career experience. Artists who are in receipt of a prestigious award are automatically eligible for the O1B visa. Support staff, such as choreographers, editors, set designers, animators, makeup artists, etc, may be eligible for an O2 Visa, provided they are there to assist the O1 visa candidate for the specific job. Spouses and children can also accompany a successful O1B visa applicant to the United States on an O3 Visa.

Permanent Residency for Artists

The O1 Visa is tied to specific jobs and limited to an initial three years – which can then be renewed in increments of one year. But what if an artist wished to stay in the United States longer? In such instances, they may wish to consider applying for US permanent residency, also known as a Green Card.

The optimal permanent residency pathway for those in the arts is likely to be the EB1A Visa. This is the first-preference employment-based immigrant visa category and is for anyone who is able to demonstrate extraordinary ability in the sciences, arts, education, business or athletics “through sustained national or international acclaim”.

The US Citizenship and Immigration Services have ten criteria for EB1A eligibility and a prospective applicant must meet at least three. This includes, media coverage, exhibitions of their work, evidence of commercial success, high earnings, participation in judging panels, and being the recipient of an award. Find the full list of EB1A criteria here.

The good news is O1 is a “Dual Intent” visa. Usually visa applicants seeking temporary admission to the United States are expected to prove they intend to depart the country after their visa expires. However, O-1 Visa holders are permitted to actively seek a Green Card during their stay in the United States. This means an applicant might start working in the United States temporarily under the O1 visa and apply for an “Adjustment of Status” to a Green Card under EB1A without being required to return to their country of origin.

The EB1A visa is not the only pathway to permanent residency and the applicant should discuss their goals and circumstances with an attorney who can present a range of options and discuss their various merits. Contact our team to discuss.

This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients. External links are not an endorsement of the content.

Set up beauty company in US

O-1 Talent Visa for Kenyan Entrepreneur in the Beauty Industry

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We are delighted to announce another petition approval this time for an O-1 Visa for a Kenyan CEO. The petition was approved first time without any Requests for Evidence (RFE)

By Verdie Atienza, Senior Immigration Attorney, Davies & Associates

Since the client is a CEO of an existing company in Kenya, we initially considered new office L-1 petition. The L-1A Visa allows for the transfer of managers and executives to the existing or newly established US office of a related overseas firm. However, since she meets the O-1A criteria as well with all her awards, recognitions and press coverage, we decided to go with entrepreneurial O-1A petition since it could get her a three-year visa instead of 1 year with new office L-1 petition.

The Beneficiary is an alien of extraordinary ability in the field of business with a focus in beauty entrepreneurship.  Her specific skills lie in the creation, formulation, marketing and branding of natural and organic haircare products.  She created her own brand of hair care and beauty products consisting of natural and organic hair products such as conditioners, moisturizers, cleansers, stylers, body butters and pure oils. Her unique skills of creating, marketing, and branding has had a significant impact in the black community, not only by empowering black people to take pride in their natural hair, but by also enabling them to raise above anti-blackness and the discrimination against afro-textured hair. 

She is one of the few black-owned natural hair product designers, who has created a business selling high-quality hair product for naturally kinky textures, which until most recently, very few mainstream brands were doing. The demand for natural and organic hair products, and the safe authentic ingredients used in her products has led to a high demand for the brand, worldwide.  

The client’s company in Kenya was launched and established in 2015. It is a high-quality hair product line that guarantees affordable natural and organic hair products such as conditioners, moisturizers, cleansers, stylers, body butters and pure oils, among other things. All products are made from African natural ingredients such as coconut oil from Kenya, shea butter from Uganda and natural fragrances from South Africa.  The star ingredient is Coconut Oil from the Coast of Kenya, a touristic country called Mombasa, famous for its pristine beaches, palm trees and “mnazi,” which is Swahili for pure coconut oil or water.

What is the O-1 Visa?

The O-1 Visa is a non-immigrant visa for individuals who can demonstrate extraordinary talent in a range of fields, from business and arts, to science and athletics. Our firm has helped hundreds of talented individuals move to the United States on both immigrant (permanent residency) and non-immigrant visas.

This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients. External links are not an endorsement of the content.

EB-5 Regional Center Program faces reauthorization in the US

Biden Reverses Trump-era Policy on Visa Rejection Procedure

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Immigration officers can no longer reject visa applications without first issuing a Notice of Intent to Deny

By Tishita Agarwal

In 2018, the Trump administration set a policy that would allow immigration officers to reject visa applications for visas such as the H1-B Visas, L-1 Visas, H-2B, J-1, J-2, I, F and O-1 visas, without issuing a Notice of Intent to Deny. This Trump-era policy invalidated the principle of a June 2013 USCIS memo that required immigration officers to issue a Request For Evidence or a Notice Of Intent to Deny when the case suggests that additional or supplementary evidence could potentially establish eligibility for an immigration benefit. 

The United States Citizenship and Immigration Services (USCIS) released a statement that it was returning to the principles of the June 2013 memo. This means the officers will be allowed to request potential missing documents that could qualify a case. Furthermore, this move will not only help requesters get an “opportunity to correct innocent mistakes and unintentional omissions”, but also increase access to the US legal immigration system in general. 

This is not the first time that Biden has overturned immigration policies set by the Trump administration. In fact, right on the first day of his term, President Biden had announced several executive policy changes to the US immigration system, including suspending the construction of the wall at the Mexican border and reaffirming protections for DACA (Deferred Action for Childhood Arrivals). 

Along with changing their guidance towards notice of intent to deny and requests for evidence, the USCIS issued a statement that they are also increasing the validity period for certain Employment Authorization Documents (EADs) from one year to two years. Increasing the validity for these documents will allow the USCIS to shift their limited resources to priority areas, as it is projected to reduce the number of employment authorisation requests they receive. 

These recent decisions are all steps in the direction the Biden-Harris administration promised at the start of their term in an effort to make immigration to the US easier and fairer and eliminate unnecessary barriers on all levels; as put by the Secretary of Homeland security Alejandro N. Mayorkas: “We are taking action to eliminate policies that fail to promote access to the legal immigration system and will continue to make improvements that help individuals navigate the path to citizenship, and that modernise our immigration system”. 

In furtherance to the same, Acting USCIS Director also said “These policy measures are consistent with the Biden-Harris administration’s priorities to eliminate unnecessary barriers to our nation’s legal immigration system and reduce burdens on non-citizens who may be eligible for immigration benefits”.

While this action is in the right direction, the Biden-Harris administration has far to go before the US legal immigration system is not as congested and inefficient as it is currently. 

What is the L-1 Visa?

* The L-1 visa is a non-immigrant visa, which can be used by active US employers or those who wish to establish in the US to send experienced and skilled employees from overseas to the US to grow or expand the business. There are two types of this temporary work visa – the L-1A is for executives and managers, and the L-1B visa is suited for high-level employees with specialised knowledge. 

What is the O-1 Visa?

The O-1 visa on the other hand, requires the applicant to show remarkable skill or high levels of achievement in their field to be able to qualify. This is also a nonimmigrant visa, and is suitable for candidates that possess and demonstrate an extraordinary ability in science, the arts, education, business, athletics, or film & television and a variety of other professions. This means that a candidate must have sustained national or international acclaim in their field, or a distinction or record of extraordinary achievement in film and television. An O-1 beneficiary must possess either a major, internationally recognized award, such as the Nobel Prize; or at least 3 of the alternative criteria.

This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients. External links are not an endorsement of the content.

Client Q & A on Eb-2 Visa

Switching from an E-2 Treaty Investor Visa to an O-1 Extraordinary Ability Visa: Client Case Study

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By Verdie Atienza, Senior Immigration Attorney, Head of L-1 & E-2 Visa Practice

In 2015, D&A assisted a Romanian national to apply for E-2 Business Visa by investing $100,000 in a start-up company. The company specializes in intellectual property assets technical and financial consulting with a focus in global brokerage and facilitation of Internet Protocol Version 4 (IPv4) addresses and AS Numbers.

Despite having grown into a multi-million-dollar private company, the company has not been able to meet its employment targets within 5 years because it made better business sense to employ independent contractors. The E-2 Visa requires a business plan as part of the application, which helps the authorities with the subsequent evaluation at the time of renewal.

As the E-2 visa was about to expire, we advised the client that renewing the visa prove to be very challenging due to the employment situation. D&A discussed all other options for the client and it was determined that the client may have a good chance of qualifying for the O-1A category based on his credentials and qualifications.

O-1A is for people with extraordinary ability in education, business, science or the arts.

Since the client has established networks in the US through his E-2 company, it was easy for him to find a petitioning US employer. Since the US employer has been a client of the E-2 company and since they saw how valuable the client us based on his expertise and experience, they did not hesitate in filing a petition for our client.

D&A filed the petition for our client as a person of extraordinary ability to occupy the position of  Global Internet Resources Manager and Facilitator.  In the petition, we carefully outlined as to how the client meets the requirements for an individual to be classified as someone with extraordinary ability in his field.

With a tailor-fit solution, the client no longer has to leave the US despite the inability to renew the E-2 visa. With a change of status application approved, he and his family maintain their lawful nonimmigrant status for an additional period of three years on O-1A status. Should they need to depart the US prior to the expiration of the three-year period, they can apply for the O-1 visa at a US Embassy or Consulate by submitting an application and presenting the O-1A approval notice.

The E-2 Treaty Investor Visa allows a beneficiary to move to the United States to run a business. It is a non-immigrant visa in that it does not offer a Green Card, but our attorneys are able to advise on options for transitioning to a Green Card at a later stage. The visa is also renewable indefinitely provided the underlying business is still operating and meeting its targets.

There are not annual quotas or caps for the E-2 visa based upon country of origin. However, eligibility is determined by the applicant’s country of citizenship. You must hold citizenship of a country with an E-2 Treaty with the United States. If you do not, please contact our attorneys. We have helped people from non-E2-treaty countries like India and Vietnam become citizens of E-2 Treaty countries like Turkey and Grenada.

The O-1 Visa is available to people with extraordinary ability. It is also a non-immigrant visa, which means it does not offer a Green Card. However, it is possible to subsequently switch to a Green Card through the EB-1A Visa. Applicants for EB-1A visa from India and China are subject to a short wait because the category is capped annually by country and both countries are slightly oversubscribed. Please see our most recent blog post on the Visa Bulletin to understand this in greater detail.

This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients. External links are not an endorsement of the content.

Client Q & A on Eb-2 Visa

Merit-Based Visa Categories: A Strong Constant in Uncertain Times

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By David Cantor

Throughout the span of four-years, the United States immigration framework has faced unprecedented times. The main governing entities – the United States Citizenship and Immigration Services (USCIS) and Department of State (DoS) – have made distinctive regulatory changes in order to carry out various, larger policy-oriented goals, namely rooted in national security and economic concerns.

Overall, it has been challenging times for many US visa holders and prospective applicants across visa categories to plan, as well as determine the path of least resistance based on your priorities and goals.

Despite the seemingly endless challenges and uncertainties we have faced, there seems to be one US immigration pathway that has proven both reliable and promising for qualified applicants – merit-based visa categories.

In essence, applicants that qualify will be receiving a US visa based on their own qualifications and achievements. While it helps, you do not need to have won the Nobel Peace prize – rather, you should consider this if you have specific professional experiences that seem novel and unique.

There is also no limit on the “type of profession” – and at Davies & Associates we have represented a diverse range of clients, including but not limited to: Foreign Medical Professionals (i.e. doctors, nurses, researchers), Academics and Professors, Business Executives and Entrepreneurs, Artists, Engineers, and much more.

Generally, you should be considering a merit-based visa category if you are able to provide some of the following:

  • Publications & citations of your work;
  • Proof that you have been recognized for your work (i.e. awards);
  • Evidence that you have achieved a higher-level degree and that you are established in your respective profession;
  • Notable letters of recommendation from others in your industry attesting for your qualifications;
  • Membership of relevant associations, boards and professional organizations related to your work;
  • And other core documentary proof demonstrating that you’ve risen to a certain level of expertise in your field.

Now, these are really general terms for what you should be considering for merit-based visa categories, and obviously there is a lot more due-diligence and work that goes into a prospective application. If you believe you may qualify, we would be glad to provide a more detailed consultation, and request that you complete one of our merit-based questionnaires.

For those that do qualify – merit-based visa categories present numerous advantages. To begin with, you are essentially being granted a visa based on your own achievements and expertise.

Some visa categories do not even require you to have a job-offer or an employer sponsor in the United States, so you are actually petitioning yourself (read more about the National Interest Waiver program). Moreover, with a sound immigration strategy many of merit-based visa categories will lead to permanent residence and a Green Card.

How do I know if I qualify for a Merit-Based Visa?

At Davies & Associates our expert team of legal specialists will provide a thorough review to determine your initial eligibility. We would first review your professional portfolio (i.e. CV/resume) and request that you complete our detailed merit-based questionnaire (please send an email to [email protected])

What are the Merit-Based Visa Categories?

Merit-based visas can be broken down into two main categories: non-immigrant and immigrant. Generally speaking, Non-Immigrant visas are temporary and permit a candidate to live and work in the United States, while Immigrant-based visas lead to permanent residency (Green Card). Oftentimes, depending on the objectives and specific criteria of our clients we will combine visas and present an overall immigration strategy. Some of the most common visa categories include and is not limited to: L-1 / P-1 / O-1 / J-1 / H-1B / EB-1 / EB-2 / NIW.

How long does it take to get a Green Card?

The processing times for building a merit-based visa application will depend on several factors: visa category, specifics of the client’s case, current processing times, and more. Generally speaking, the merit-based visa categories have received favorable and current processing times when compared to other visa categories as a result of the current administration policies. While processing times are subject to change, many of our clients were able to obtain their visas within 9-12 months from respective US consulates.

What type of professionals will qualify for merit-based visas?

As mentioned above, there is no limitation to the “type of professional” that may qualify. You can be a successful businessman, inventor, entrepreneur, medical professional, actuary, physical therapist, TV or Social Media personality, acclaimed artist, software or aeronautical engineer.


The important question is whether you have the credentials to qualify, regardless of the type of professional you are. In general, the more you can demonstrate that you are established and recognized in your respective career the stronger viability you may have for filing. The criteria for qualifying is very specific – so our team of experts will evaluate specific requirements (i.e. # of publications/citations, awards, membership on professional organizations and boards, etc.).

What is the visa process for merit-based visa applications?

Please read our previous article about this HERE.

I believe I qualify for a Merit-Based Visa – what are the next steps?

Contact us today and we will be glad to provide a tailored-consultation: [email protected]

This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients. External links are not an endorsement of the content.

US Immigration Lawyer

National Interest Exception: Traveling to the United States during Covid19

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By David Cantor, Global Director of Client Relations, Davies & Associates

Recent months have proven to complicate matters for those seeking to travel to the United States. This is especially concerning for those that have serious matters to attend to within the United States – whether it be issues related directly business, academics or family.  

On July 20th, 2020, the US Embassy and Consulates General in Italy resumed certain immigrant and non-immigrant visa processing services – including appointments for treaty-investors, exchange visitors and students, as well as athletes and entertainers. This is also true for the US Embassies Consulates in other European locations, with certain exceptions – such as Paris, London and Belfast.

While there is still much uncertainty surrounding the existing travel bans as it applies to foreign nationals and specifically those in the Schengen region – it seems that some US Embassies and Consulates, as well as US Customs and Border Control authorities are beginning to provide practical guidance and potential pathways that permit temporary travel into the United States.

On July 15th, 2020 certain travelers from Schengen countries, including Italy, were permitted to resume travel into the United States through the National Interest Exemption. In order to be granted permission to travel from the Schengen region, an applicant must submit a National Interest Exemption request directly to the respective Consulate.

The National Interest Exemption (“NIE”) is best applied to those that are seeking to travel to the United States as Students (F1 and M1 visas), Researchers (J1 visa), Investors (E2), or for temporary business matters (B1 or ESTA).

To be considered for the NIE it is necessary that you qualify for one of the exemptions listed in the Presidential Proclamation, summarized below:

ECONOMIC BENEFIT EXCEPTION. An applicant must prove that the temporary travel to the United States will provide substantial economic benefit to the US economy. Qualified applicants through the national interest exception may include:

  • Technical experts and specialists
  •  Senior-Level managers and executives
  • Professional athletes, dependents and essential staff
  • Treaty-investors and traders

ACADEMICS & STUDENTS. An applicant should be participating in a bona-fide exchange program or full-time course of study. Qualified applicants through the national interest exception may include:

  • Full-time students
  • Professors
  • Research Scholars
  • Short-term Scholars
  • Other specialists 

I have a valid ESTA, can I travel to the United States?

If you have a valid ESTA and are coming from the Schengen region you still need to apply for the National Interest Exception (NIE) in order to be granted permission to travel.

I have a valid B1, E2, J1, O1, or F1 visa – can I travel to the United States?

If you hold a B1, E2, J1, O1, M1 or F1 visa, you still need to apply for the NIE in order to be granted permission to travel to the United States.

How do I apply for the NIE?

Supporting documentation must be sent directly to the Embassy or Consulate of your region of residence.  Contact us today to learn more.

Italian nationals can submit supporting documentation directly to the respective Consulate – please contact our Italy Practice Team today.

What documents do I need to apply?

This will depend on your local Consulate, however, basic documentation is required (i.e. biographic page of passport, proof of valid US visa or ESTA) as well as supporting documentation in English demonstrating your qualifications for the NIE as well as purpose for travel.

How long does it take to apply for the NIE?

Generally, 30-business days, however, this depends on your local Consulate. As discussed above, as of July 20th, the US Embassy and Consulates General in Italy resumed certain immigrant and non-immigrant visa services. It is very likely that there will be increased wait-times and substantial processing backlogs, so if you believe you qualify, it is encouraged to apply as soon as possible.

Can I include my dependents on the NIE application?

Investors, students and other academics can also include dependents in the NIE request.

I am in the United States, can I apply for the NIE?

No – the consular sections cannot accept NIE requests for those that are physically present in the United States.

How long is the NIE valid for?

Travelers permitted to enter the United States through the national interest exception must do so within-30 days of the approval. This is valid only for a single-entry into the United States.

The total permitted stay will depend on the permitted duration of stay granted  by the US Customs and Border Protection officers at the port of entry.

Is the NIE process complicated?

Since US consulates and embassies are just starting to re-open for routine processing of US visas, the NIE requests are fairly new and untested. We highly encourage you speaking with a qualified US immigration attorney to obtain a free consultation for this matter.

This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients.