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harshita arora skip to content harshita arora menu home contact a guide on getting an o 1 visa disclaimer i m not a lawyer if you follow the advice in this article and screw up i m sorry but i m not personally liable for any damage i get a lot of messages from my online friends asking how i got my o 1 there s not a lot of very useful information on o 1 besides articles repeating the same jargon from uscis articles sadly i ve had to spend hundreds of hours of my time and over 10k on dealing with immigration and that sucks i hope this helps save you some time and encourages you to move to the us first of all my o 1 wouldn t have been possible without the amazing people at bay immigration law who worked hard on my petition and tolerated my 3 am panic attacks about a change in the petition they were amazingly patient and i d highly recommend them so what is o 1 if you or your biological parents were not born on the us territory and you don t have an american passport or green card you need a visa to enter or work in the us there are many types of work visas with h 1b being the most popular but there s another slightly lesser known visa category called o 1 which is a non immigrant visa that lets you stay in the us for up to 3 years can be extended working for an employer which can be your own company too o 1 requires you to prove that you re in the top 1 of your field with evidence discussed below o 1 is more flexible and takes lesser time to process 15 calendar days with premium processing and in some cases it can be your only option because h 1b requires at least a bachelor s degree if you ve been wanting to move to the us to work on your startup or do research or work on anything you should consider the o 1 visa what do i need to get an o 1 you need two things evidence that you meet at least 3 8 criteria listed here and an employer to petition for you a evidentiary criteria in simple words the criteria mean you have 1 awards 2 membership in exclusive groups 3 media and news about you 4 patents or something else original and significant 5 publications authored by you 6 high remuneration usually that means 2x the average salary of a person in your profession in your country which is sourced from something like glassdoor so if you re a software engineer from india where the average salary is 10k year and if you had your app acquired for 20k you have satisfactory evidence for this criterion 7 spoke at a conference panel or judged a hackathon 8 work experience somewhere in a non intern role my lawyers applied for all 8 criteria in my petition something that is not mentioned on the uscis website but is very important and you may have probably heard about it from someone is getting letters of recommendation from experts in your field typically these letters have a specific format and most lawyers write the letters themselves after researching on the person which you can send to the recommender to review and sign b petitioner employer to file your petition now you could just apply for a job in the us and if you get hired your employer will fill out some forms and hire a lawyer for your o 1 petition but if you want to work on a startup or do independent research and things of that sort you can form a company using stripe atlas which incorporates a company llc or c corp for you opens a bank account for you and more for just 500 i spent 10 minutes filling out a few forms for incorporating harshita apps llc which petitioned for my o 1 keep in mind that o 1 requires that you either own 49 equity in the petitioning company or have an odd number of board of directions so that you can be fired i went with the former i added my aunt as a 51 equity owner also you d need to submit a business plan for your company in the petition if you re under 18 and are using stripe atlas to form an llc their banking partner azlo will not be able to open a bank account for your company in principle they would love to support founders under 18 but there are significant compliance hurdles to figure out first so when i was told this i went to every bank in the bay area asking them to open a business bank account for my company and before you wonder why i bothered with that if i could just open a personal bank account check out the consequences of the o 1 section none of them agreed chase said that my parents would need to be physically present at the bank to consent wells fargo said that all founders need to be physically present i didn t want to spend 1k in flying my dad or aunt from india for an administrative task even silicon valley bank said no when i phoned them up eventually several weeks later a friend of mine contacted his connection at svb who assigned a bank advisor who called me up and it all worked out from there i opened an account with my dad as the manager and he just signed the agreements online and i don t have transactional authority on the account until i turn 18 i have an employer and meet the criteria what s next hire a lawyer to write your petition your petition will include evidence for each criterion so things like your media and news printed letters of recommendation from people etc you should make a google drive folder with all proof for each criterion that you think you qualify for and share with your lawyers my lawyers took about 3 weeks to write letters of recommendation conduct research and write the petition you ll also fill out forms i 907 request for premium processing i 129 non immigrant worker petition and g 28 another form also if you re already in the us on a non immigrant visa like b 1 2 you can apply for a change of status to o 1 without having to travel to your home country for consular interviews i did consular processing anyway because you can t travel internationally without an o 1 stamp on the passport filing a petition and next steps your lawyers will print out the entire petition and mail it to uscis along with a check for filing fees if you paid for premium processing then you should receive a response within 15 calendar days i got an acceptance email in 3 days there are two possible outcomes at this stage an acceptance which gets you an approval letter mailed to you or your lawyer or an rfe request for more evidence if you get an rfe then you have 87 days to respond and my lawyer told me that typically they just add more letters of recommendation about 35 of the petitions get an rfe no petitions are rejected outright if your petition has been approved congratulations once you have your approval letter you need to go through a consular interview to get the stamp unless you applied for change of status in which case you don t need to do anything your next step is to fill out the ds 160 form here and book an appointment with the us embassy in your country which you can do here and then go for the interview and biometrics if your country requires it make sure you take your approval letter passport ds 160 confirmation and appointment confirmation pages while i wasn t asked for it my lawyer suggested me to print my petition just in case they ask they will collect your passport after the interview and you will go and collect it once it s ready or they ll ship it to you once you have your passport with the o 1 stamp you re all set check the validity period on your approval letter before booking your flight to the us you re eligible for a grace period of up to 10 days before the validity during which you can enter the us once you travel to the us you d need to register for ssn and open a personal bank account also you d need to find a place to live and all the other stuff one needs to do when they move to a new place also pay your taxes how much does it all cost 460 is the government filing fees 1225 is the premium processing fee this is optional if you want your o 1 to be processed in 15 calendar days instead of months then you need to pay this fee 500 for stripe atlas to incorporate your company if you do 7 500 for a law firm to prepare your petition this is also optional and the lawyer fee can vary but 7 5k is the standard i ve heard also include the money you d spend on traveling to your home country to do consular interviews if you do consular processing instead of change of status and you re already in the us remember that you re making an investment in yourself and your career consequences of o 1 1 you need to keep a paycheck stub that your employer gives you every month or biweekly or however often you re paid if you incorporated a company for o 1 purposes this means that you need to make enough revenue to pay the promised salary from your company s business bank account to your personal bank account if you don t have the paycheck stub you won t be able to apply for o 1 extensions or do a change of status to some other non immigrant visas and it d basically be illegal if you re not getting paid by your employer and this means you need to pay taxes both your company and you for llc s i think it s simpler and you can avoid double taxation consult a tax lawyer if stuff like turbotax is too confusing what s next after o 1 eb 1 this visa has the same criteria as o 1 but is harder to get this visa gets you a green card and can be self sponsored unlike o 1 which needs to be employer sponsored after getting a green card you can apply for citizenship personally i plan on doing eb 1 in a year fingers crossed and you need to wait at least 90 days after entry on o 1 before you can petition for eb 1 plus you can t travel internationally for 90 days prior to filing for eb 1 if you don t want to do eb 1 then you can extend your o 1 after the 3 year validity my lawyer told me that you can extend it yearly indefinitely as long as you can prove that you re adding value to the petitioning company github commits to show progress on the project would work if there s nothing public tangible faq how big is an o 1 petition my petition was a 795 paged document although my lawyer has told me that most o 1 petitions are 400 500 pages long mine was so long because they applied for each of the 8 criteria and i had about 50 media and news articles and i wanted to include all of them how do i know if i qualify for o 1 check out the criteria and talk to a lawyer to assess your case most lawyers do it for free can i go to college on o 1 depends on the university s policies but usually yes as long as you re still full time employed at the company that petitioned your o 1 what can i do to improve my chances of getting o 1 apply to speak at conferences go to hackathons and ideally win some tap into your network to find important people in your field to get a letter of recommendation from cold email journalists to write an article about you and your work win awards etc and don t forget to document it all in a google doc fun fact i think i may be the youngest recipient of o 1a at 16 years of age not the o 1 visa though because kristina pimenova got an o 1b extraordinary ability in arts when she was 10 if you want to speak to a lawyer email my law firm s director of operations email protected he happily gets on a call to discuss a case for free and has done so for a couple of my friends i didn t have to pay his firm for months while i was trying to figure out my future plans and he answered hundreds of questions that i had he s the most friendly humble and hard working lawyer i ve known i got introduced to him through a quora friend of mine dima korolev their firm charges 7 500 though you can pay only 2 5k at the start 2 5k after your petition is finished and 2 5k conditional on whether you get the approval and fyi 7 5k is the like the standard rate i know other friends who hired lawyers like peter roberts chris wright etc and they charge the same a few friends have asked me if they need to hire a lawyer while in theory you could prepare your own o 1 petition by referring to approved petitions and mail it to uscis yourself that d be a lot of work and your lack of experience with the legal jargon could put you at risk of an rfe and if your case is unique not that strong like mine was being a 16 year old with barely 2 years of work experience you re better off with a lawyer if you re going to be working for a company that s not yours your company should be paying for the lawyer good luck immigration is never fun to deal with but you gotta persevere all the hard work will pay off when you get your hands on this the us and specifically the bay area if you re interested in technology and science is a great place to be you ll get to meet other smart and ambitious people who will give you great ideas support and they ll motivate you to do amazing things and you ll get to know about fantastic career and personal growth opportunities that you won t find anywhere else america is rightly called the land of opportunity if you move to the bay area consider living in intellectual group houses like the topos house disclaimer i m a super happy resident of topos as much as i d have loved to share i can t post my petition publicly however if you re applying for your o 1 without a lawyer and would benefit from looking at an approved petition email me also feel free to email me any questions at email protected if this guide helped you get an o 1 approval please let me know it d make my day _ harshita arora immigration leave a comment october 19 2018 october 20 2018 10 minutes blog at wordpress com subscribe subscribed harshita arora join 31 other subscribers sign me up already have a wordpress com account log in now harshita arora customize subscribe subscribed sign up log in report this content view site in reader manage subscriptions collapse this bar loading comments write a comment email required name required website this is a free demo result from the wayback machine downloader it is not a complete website
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