Temporary Work with O Visa

Temporary Work with O Visa

Unlock unparalleled opportunities in the United States with the O-1 Extraordinary Ability visa. Whether you’re an independent contractor, self-employed, or working for multiple employers, this visa category offers a pathway for individuals with exceptional talents to pursue temporary work opportunities. Discover how you can secure your O-1 visa with a qualified petitioner, and explore the extraordinary criteria that set this visa apart.

Introduction - Unlock New Opportunities with the O Visa

The O Visa a temporary work visa for individuals who possess extraordinary ability in their field, whether it’s in the sciences, arts, education, business, or athletics. If you've reached a level of achievement that is recognized as extraordinary, the O Visa offers a unique opportunity to work and live in the U.S. while continuing to make significant contributions to your industry. Unlike other visas, the O Visa allows you to work for specific employers in your field without the need for permanent residency or a green card.
For talented professionals, artists, and athletes, the O Visa is a bridge to new career opportunities, collaborations, and growth in the U.S. However, the application process can be complex and requires careful attention to detail. This is where the guidance of a skilled immigration attorney can make all the difference.

 At Zhang-Louie PLLC, we are dedicated to helping individuals like you navigate the O Visa process with confidence, ensuring you present your extraordinary qualifications in the most compelling way possible. Contact us today to learn more about how we can help you with your O Visa application!

Why Choose the O Visa?

The O Visa is ideal for individuals who have achieved a high level of expertise and recognition in their field. Whether you're an artist, a researcher, an entrepreneur, or an athlete, the O Visa offers several advantages that make it an attractive option for those looking to work in the U.S.
Here are a few reasons why the O Visa is the right choice for individuals with extraordinary abilities:
  • Similar to Self-Petitions:

    While some visa types require employer sponsorship, the O Visa allows you to apply on your own behalf with an agent as petitioner. This provides you with more control and flexibility in your career.

  • Multiple Employers Allowed:

    The O Visa allows you to work for multiple employers in your field, giving you the freedom to pursue various opportunities.

  • Path to Extended Stay:

    O Visa holders can remain in the U.S. for up to three years, with the option to extend the visa if necessary. This offers more time to build your career in the U.S.

  • Visa for Family Members:

    Your spouse and children under 21 are eligible to join you in the U.S. and attend school while you hold the O Visa, making it a family-friendly option.

  • No Numerical Limitations:

    Unlike some other work visas, the O Visa does not have an annual cap or limit, which can make it easier to obtain.

The O Visa provides a flexible and viable path to living and working in the U.S. for professionals, artists, and athletes who have proven extraordinary ability in their fields. If you meet the criteria, the O Visa may be your key to taking your career to the next level.

Who Qualifies for the O Visa?

The O Visa is designed for individuals who can demonstrate extraordinary ability in their field, as recognized through sustained national or international acclaim. To qualify for an O Visa, you must show that you have achieved a level of expertise significantly higher than others in your field and that you have been recognized for your achievements.

Eligibility Criteria for the O Visa:

To qualify for the O Visa, you must meet the following requirements:
  • Extraordinary Ability in Your Field:

    Your abilities must be above the average in your field, as shown through awards, accomplishments, or recognition from industry experts.

  • Evidence of Recognition:

    You must provide proof of your extraordinary ability, such as major awards, significant contributions to your industry, or media coverage.

  • Sustained Acclaim:

    You must demonstrate that your work has been widely recognized over time, indicating that your achievements are not isolated or temporary.

  • U.S. Employment Offer:

    While the O Visa allows you to work for multiple employers, you must have at least one contract with a U.S. employer that matches your field of extraordinary ability.

  • Temporary Nature of the Visa:

    The O Visa is intended for temporary workers, and you must show that your stay in the U.S. is for a limited period and tied to specific projects or events.

The O Visa is ideal for individuals who have achieved extraordinary success in their field and who wish to bring their talents to the U.S. If you meet the criteria, the O Visa could be the next step in advancing your career and contributing to the U.S. in your specialized area.

How an O Visa Lawyer Can Help: The Zhang-Louie PLLC Advantage

Navigating the O Visa process can be challenging, as it requires a well-documented case that proves your extraordinary ability and national or international recognition. A skilled O Visa lawyer can help you every step of the way, ensuring that your application is as strong as possible.

Thursday, May 12, 2016

June 2016 Visa Bulletin Fluctuations: Why Retrogression?

I. Background

Every month, the Department of State (DOS) receives information from the National Visa Center (NVC) about the total of visa applicants in the queue. From there, they predict the number of visas that would be available next month.  Every year, the US makes available a total of approximately 226,000 family-based visas, 140,000 employment-based visas, and 55,000 Diversity Lottery visas, which is the topic of another blog. These total amounts are divided into preference categories and then divided into several specified countries and the rest of the world to determine how many visas are available for each country of chargeability. That number is then divided into the number of months to determine the number of visas for each preference category from each country that will be accepted each month.

Please note, the country of chargeability is the applicant's country of birth, not his/her country of citizenship. So, for example, someone who was born in China, regardless of his/her citizenship, would count against the quota provided for China. Moreover, fluctuations in the priority  dates happen often for applications chargeable to countries such as China and India due to the higher volume of immigrants from those countries.  This also explains the requirement for the separate visa quotas provided for these countries in the Visa Bulletin.

II. Retrogression

With the release of the June 2016 visa bulletin on May 6, 2016, retrogression has been a big concern with those waiting for their priority dates to be current or those who have filed their Adjustments of Statuses last month believing that their priority date was current. In this blog, we will be explaining the retrogression as illustrated by the June and May 2016 Visa Bulletins, using the examples of India and China.

If we look at the June 2016 bulletin and compare it with last month's bulletin, we see retrogression at several preference categories for visas chargeable to China and India.  As such, we will be using China and India and the F4 category to demonstrate retrogression.

Please see the charts below for illustration:

A. Application Final Action Dates for Family-Sponsored Preference Cases

JUNE 2016
Family-Sponsored 
All Chargeability Areas Except Those Listed
CHINA-mainland born
INDIA
MEXICO
PHILIPPINES 
F4
8-Aug-03
1-Jan-03
1-Jan-01
15-Apr-97
1-Dec-92
CHINA-mainland born:
1-Jan-03
INDIA:
1-Jan-01
MEXICO:
15-Apr-97
PHILIPPINES:
1-Dec-92

MAY 2016
Family-Sponsored 
All Chargeability Areas Except Those Listed
CHINA-mainland born
INDIA
MEXICO
PHILIPPINES 
F4
22-Jul-03
22-Jul-03
22-Jul-03
8-Apr-97
1-Oct-92
CHINA-mainland born:
22-Jul-03
INDIA:
22-Jul-03
MEXICO:
8-Apr-97
PHILIPPINES:
1-Oct-92

If we compare the charts above for Family-Sponsored Fourth Preference Visas, we see that the cut-off dates for both China and India had moved from July 22, 2003 to January 1, 2003.  This means that, in May, the DOS was providing visa numbers to applications with priority dates earlier than July 22, 2003.  However, in June 2016, the DOS will no longer be accepting applications with priority dates of January 1, 2003 to July 22, 2003.  In other words, the cut-off date has moved back 6 months.

 III. Why Retrogression?

The DOS has explained that the way they determine the number of visas that they allot to each preference category every month is similar to a family determining the monthly household budget. They consider the number of visa numbers that were given out in the past, how many were used, and from there, determine what the number of future visas they will need to give out. The determination of future visas is usually an estimate.

We will continue with the F4 preference category example above as illustration. As we know from the Visa Bulletin, the DOS allows 65,000 visas from the F4 preference category for the 2016 fiscal year, this averages to around 5,500 visas per month.

In May 2016, the DOS published that they will begin accepting all applications with a priority date earlier than July 22, 2003.  However, we suspect they realized later in April that there were much more applications than they had expected. In this case, they had to retrogress to January 1, 2003 to allow them time to process the applications that were already submitted..Retrogression would lessen the number of visa applications that they accept and would have to process for the month of June. .

The concept of retrogression is complex even for trained professionals. The cut-off dates listed in the Visa Bulletin each month are unpredictable and in constant fluctuation.  Rest assured that  Zhang-Louie, Immigration Legal Counsel is tracking these fluctuations closely every month.  We would be able to prepare your Adjustment of Status applications and file them as soon as your priority date becomes current. Contact us at 978-482-7728 for any questions.


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Thursday, May 5, 2016

USCIS Proposes Increased Fees for Certain Petitions and to Maintain Reduced Fees for Others

The Department of Homeland Security released the Proposed Rule of the USCIS Fee Schedule yesterday.  According to the Proposal, the increase in fees are intended to cover shortages in the Immigration Examination Fee Account (IEFA).  The fees are used to meet certain national security, customer service, and adjudicative processing goals.  The Proposal details how they have used the fees in the past, such as, for example, the Electronic Immigration System (ELIS) and improving processing times,

I intend to bullet point several interesting changes here but I, unfortunately, will not be able to cover the entire 38-page report.  For the entire publication, click here . Please note that USCIS is taking comments now through July 5, 2016.  You may email comments directly to USCIS at uscisfrcomment@dhs.gov. 

Some of the places where USCIS is proposing fee changes are:
  1. A standard filing fee increase for Form N-400, Application for Naturalization, from $595 to $640.
  2. H-1B and L-1 visa petitions filed by petitioners who employ 50 or more employees in the US with more than 50% of those employees in H-1B or L-1 status are subject to fees of $4,000 and $4,500, respectively. Please note that although this is mentioned in the report, USCIS has been collecting these fees for all petitions received after December 18, 2015.
  3. A new fee of $3,035 to recover the full cost of processing the EB-5 Annual Certification of Regional Centers.
As a side note, I twitted a couple of days ago that the Regional Center Program is set to expire in September 2016.  Since they are proposing to implement a new fee for the Regional Center Annual Certification, perhaps they intend to re-authorize the program. Follow me @ZLImmigration as I closely track this development. But I digress...

Despite the fee increases, USCIS maintains that the following reduced or no cost options are still available for qualified foreign nationals:
  1. No naturalization fee for applicants who meet the requirements of sections 328 or 329 of the Immigration and Nationality Act (INA) with respect to military service.
  2. Reduced fee of $320 for naturalization applicants with family income greater than 150 percent and not more than 200 percent of the federal poverty guidelines.
  3. Adjudication, naturalization, and similar services may be offered without charge to asylum applicants.
  4. Certain foreign nationals are exempted from visa fees, for example, those seeking T nonimmigrant status or U nonimmigrant status.
  5. Those who meet the HHS Poverty Guidelines provided in Form I-912P and files and obtains approval for Form I-912.
Of course, the downside is that the costs of offering and operating these immigration benefits must be recovered from somewhere else.  Do you think the social benefits are worth the costs? 
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Monday, April 25, 2016

L-1A Inter-company Transfers: What is Managerial Capacity or Executive Capacity?

The L-1A petition allows U.S. employers to apply for non-immigrant temporary employment visas for those employees that have been serving in a managerial capacity or an executive capacity for at least one consecutive year within the last three years in a foreign branch, parent, subsidiary, or affiliated company.  These visas last only one year.  However, the employer may extend it in two-year increments for up to seven years.  Moreover, if the employer desires to hire the beneficiary as a permanent employee in the U.S.,  the employer may sponsor the employee for permanent residence through an EB-1 application.  EB-1 is an extensive process and will be covered in a separate posting. 

In order for the USCIS to approve your petition for L-1A, you must prove (1) that the beneficiary was a manager/executive or held specialized knowledge for at least 1 year within the last 3 years prior to the application for the foreign company, (2) that the beneficiary will be assuming a managerial/executive role for the U.S. employer, and (3) that the U.S. employer is a branch, parent, subsidiary, or affiliated with the foreign company by showing at least 50% control that is vested in the parent (whether the parent is the foreign company or the U.S. employer).

“Managerial capacity” has been defined by the  Immigration and Nationality Act (INA) as an assignment within an organization in which the beneficiary primarily (1) m anages the organization, or a department, subdivision, function, or component or the organization; (2) s upervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential function within the organization, or a department or subdivision of the organization; (3) if  another employee or other employees are directly supervised, has the authority to hire and fire or recommend those as well as other personnel actions (such as promotion and leave authorization) or, if no other employee is directly supervised, functions at a senior level within the organizational hierarchy or with respect to the function managed; and (4)  Exercises discretion over the day-to-day operations of the activity or function for which the employee has authority. INA  § 101(a)(44)(A).

“Executive capacity” has been defined by the INA as an assignment with an organization in which the employee primarily (1) d irects the management of the organization or a major component or function of the organization; (2) e stablishes the goals and policies of the organization, component, or function; (3) e xercises wide latitude in discretionary decision-making; and (4) r eceives only general supervision or direction from higher-level executives, the board of directors, or stockholders of the organization.  INA  § 101(a)(44)(B).

At first glance, these definitions may be intimidating. What you believe is the definition of managerial or executive capacity may be different from USCIS's definition of managerial or executive capacity.   Zhang-Louie, Immigration Legal Counsel  can help you align your definition with the INA's definitions and ensure that your L-1A petition is not denied for the lack of managerial or executive capacity as defined under the Immigration and Nationality Act. Contact us at 978-482-7728 to find out how we can help.
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Tuesday, March 22, 2016

H-2B Cap for FY2016; Exemption for Returning Workers

On March 21, 2016, The USCIS announced that the H-2B Cap for the first half of FY2016 has been reached.  The final receipt date was March 15, 2016 for those with a job start date before April 1, 2016.  Every year, the USCIS allows 66,000 employees to enter the U.S. to work on a temporary basis through issuing H-2B visas. The first half of the fiscal year, they allow a limit of 33,000 applicants. 

The Requirements of H-2B
In order to provide proof of the above-mentioned factors, the H-2B petitioner must have received a valid temporary labor certification from the U.S. Department of Labor. 


In order for the beneficiary to be granted a H-2B visa, t he petitioner must establish (1) there are  not enough U.S. workers who are able, willing, qualified, and available to do the temporary work, (2) e mploying H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers, and (3) i ts need for the prospective worker’s services or labor is temporary.

If the petition is approved, the term of this visa is no longer than one year.  However, the term may be extended for up to three years. A t this time though, we do not know the exact date when the USCIS will re-open the cap and start accepting applications for the second half of FY 2016. If past practice is any indication, this usually happens in June of every year. 

Returning Workers Exempt From Cap
For this fiscal year ONLY, which lasts from October 1, 2015 until September 30, 2016, returning workers are exempt from the 66,000 H-2B cap.

A returning worker is defined as a H-2B worker who was previously counted against the annual H-2B cap of 66,000 visas during FYs 2013, 2014, or 2015. This means (1) the petitioning employer, is submitting a petition for a H-2B worker with a requested start date in FY 2016 and (2) the H-2B worker was previous issued an H-2B visa during the above mentioned fiscal years. However, in order to petition for the H-2B cap-exempt as a returning worker, there are also specific filing requirements you must follow closely.

If you are an employer with a prospective temporary employee who needs an H-2B visa to enter the U.S.,  contact Zhang-Louie, Immigration Legal Counsel at 978-482-7728 now to get your process underway for the next time when USCIS reopens its H-2B acceptance period in June.  Even if your prospective employee is a "returning worker" filing cap-exempt, Zhang-Louie, Immigration Legal Counsel can help ensure that the process is done correctly and successfully.  Zhang-Louie, Immigration Legal Counsel dedicates its entire practice to business immigration and will give your petition the full attention it deserves.
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Monday, March 14, 2016

Optional Practical Training (OPT): F-1 Students Beware!


Optional Practical Training, commonly known as OPT to international students studying in the U.S,, is an opportunity the U.S. has provided to foreign students here on F-1 status to gain practical experience while in the country. We all hope that the student will receive a job offer before the end of his OPT term. Call it an internship or a co-op opportunity for international students, if you will. This opportunity extends the student's F-1 status for at least a year after the program on which his F-1 status is based has ended.  Students studying in the specialty fields of Science, Technology, Engineering, and Mathematics may obtain OPT for 17 months.

Most colleges and universities with international programs provide OPT advice for students in F-1 status.  This advice can come in many forms. Some are in the form of flyers, some are in the form of workshops for the students.  In these workshops, they explain the entire OPT process to you and what the school does and does not do for you.  For example, the school will have to issue an OPT Recommendation, however, they will not fill out your I-765 for you.

Be sure to check with your school's international students' office for the dates of these workshops.  Be sure to attend them as they can be invaluable to you obtaining your OPT after your program ends.

However valuable these workshops are, they do not provide you with legal advice on what happens if your OPT does not result in a job offer.  To word it more ominously, what would happen if your OPT ends before you were able to get a job offer in hand?  Most school programs end in July or August, you may start your OPT at that time.  Congrats, you have bought yourself another year in the U.S.!  But what happens next July or August when you discover that your employer cannot afford to keep you? By then, it's too late for an H-1B petition.  See Gearing up for H-1B for more details on the importance of meeting that H-1B deadline.

In today's economy, you just don't know.  Do not wait until a few months before your OPT expiration date to start searching for another job. Have the conversation with your OPT employer right off the bat, see what their projections are. More importantly, talk to a immigration attorney who can give you the advice you need on USCIS deadlines. Zhang-Louie, Immigration Legal Counsel can help you set deadlines in sync with that of the USCIS's deadlines and ensure that you do not miss these important dates.  Contact us at 978-482-7728 to see how we can help you.
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Friday, March 4, 2016

Gearing Up For H-1B

For business immigration attorneys, this time of the year is more than just tax season, this is also H-1B season. The deadline for H-1B petitions is April 1 and attorneys are striving to complete the applications and send them in for employers before the cap is filled.

The cap for H-1B visas still maintains at 65,000 even though the popularity of this visa is ever increasing.  If your beneficiary has obtained a U.S. master's degree or higher, the attorney may relax her efforts, but only a little bit! Those with U.S. equivalents of master's degrees or higher are exempt from the 65,000 gap and the USCIS will consider the first 20,000 petitions received for beneficiaries with these advanced degrees.

Historically, the 65,000 cap is usually filled within the first week after USCIS begins accepting applications! That's why having an attorney with a set plan of action and a set schedule of when certain tasks need to be completed by the petitioner is extremely important.

For example, of particular importance is the certification of the Labor Conditions Application (LCA) from the Department of Labor.  In order to obtain this certification, the employer must submit a Prevailing Wage Determination (PWD) with the application. A PWD can be done by first referring to the the O*NET Database and obtaining an occupation code for a job title that is the most similar to the beneficiary's job title. Second, the employer or the attorney for the employer must utilize the occupation code to find the prevailing wage through the Foreign Labor Certification Data Center .

Moreover, the LCA may not be filed more than 6 months before the application for the H-1B. Simultaneously, employers must balance that with the requirement that there be enough time to undergo a proper hiring process to show that the employer have undergone an extensive process and was unable to find an U.S. resident suitable for the position.

All this must be done correctly to avoid penalties should your employer be selected at random for an audit! Zhang-Louie, Immigration Legal Counsel can help you ensure that the entire process is done correctly and successfully.  Contact us at 978-482-7728 for more information on how we can help you.
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At Zhang-Louie PLLC, we specialize in helping professionals, artists, and athletes apply for the O Visa. Here’s how our expert legal team can assist you:
  • Tailored Strategy:

    We create a customized strategy for each client, highlighting your unique qualifications and the impact of your work in your field.

  • Expert Guidance on Documentation:

    We help you gather the necessary documentation, such as awards, publications, media coverage, and letters of recommendation, to showcase your extraordinary ability.

  • Compelling Petition Drafting:

    We draft a clear, persuasive petition that emphasizes the national or international importance of your achievements, maximizing your chances of approval.

  • Experience with USCIS Standards:

    With extensive experience in O Visa cases, we understand the USCIS criteria and expectations, ensuring your case meets all requirements.

  • Timely and Efficient Process:

    We work to ensure your petition is submitted promptly and that any necessary evidence is provided to avoid delays.

At Zhang-Louie PLLC, we ensure that every part of your O Visa application is well-prepared and aligned with USCIS standards. Get in touch today to discuss how we can help you with your O Visa application.

Our Step-by-Step O Visa Process

The O Visa application process involves several key steps, each of which plays a crucial role in securing your visa. Our team at Zhang-Louie PLLC is here to guide you through each stage, ensuring the process is as smooth and efficient as possible.
Here’s what you can expect from the O Visa process:
  • Initial Consultation

    We start with a thorough consultation to assess your qualifications and determine your eligibility for the O Visa. This allows us to tailor our approach to your specific case.

  • Developing a Strategy

    Based on your qualifications and achievements, we develop a detailed strategy that highlights your extraordinary ability and national or international recognition.

  • Gathering Evidence

    We work closely with you to gather the necessary documentation, including letters of recommendation, media coverage, and proof of major awards or accomplishments.
  • Drafting Your Petition

    Our legal team will prepare a persuasive petition that showcases your exceptional abilities and explains why you qualify for the O Visa.

  • Submission and Follow-Up

    Once your petition is ready, we submit it to USCIS and monitor its progress. If further documentation or information is requested, we respond promptly.

  • Approval and Visa Issuance

    Once your petition is approved, you’ll receive your O Visa, and we’ll guide you through the final steps of entering the U.S. and beginning your new role.

With Zhang-Louie PLLC’s guidance, you can move confidently through the O Visa process. Contact us today to begin your journey.

Challenges and Pitfalls in O Visa Applications

The O Visa is a highly sought-after visa for individuals with extraordinary abilities, but the application process is not without its challenges. Common pitfalls can hinder the success of your application if not properly addressed. Here are some challenges you may encounter and how we help you navigate them:
  • Proving Extraordinary Ability:

    Proving that your abilities are extraordinary requires strong evidence. Many applicants struggle to present their qualifications in the most compelling light.

  • Insufficient Documentation:

    Missing or inadequate documentation can hurt your chances of approval. We help you organize and present the evidence required to meet USCIS standards.

  • Employer Sponsorship Issues:

    Since the O Visa is employer-specific, it’s important to ensure that your job offer is clearly aligned with your field of extraordinary ability. We assist in drafting a detailed description of your role.
  • Requests for Evidence (RFEs):

    If USCIS requests additional documentation, it’s crucial to respond quickly and thoroughly. We handle RFEs efficiently to keep your application on track.

With Zhang-Louie PLLC’s expertise, we address these potential issues and work to ensure your application is strong and complete.

FAQs About the O Visa Process

The O Visa is a U.S. visa for individuals with extraordinary ability in the sciences, arts, business, education, or athletics. It allows you to live and work in the U.S. for a temporary period.

Professionals, artists, and athletes who have demonstrated extraordinary ability and have received national or international recognition for their achievements may qualify for the O Visa.

While the O Visa requires you to have a U.S. employer who will sponsor your petition, you can be self-employed, own your own company and have your company sponsor you for the O Visa. You can also work for multiple employers in your field.

Evidence may include awards, media coverage, publications, and letters from experts in your field confirming your extraordinary ability.

The O Visa is typically granted for up to three years, with the option to extend it based on the nature of your work.

Yes, your spouse and unmarried children under 21 are eligible to join you in the U.S. while you hold an O Visa.

If you have more questions or are ready to start your journey, Contact Zhang-Louie PLLC today for expert guidance.

Conclusion: Begin Your O Visa Journey Today

The O Visa offers a unique opportunity for individuals with extraordinary abilities to live and work in the U.S., contributing to their fields and furthering their careers. With the right legal support, the O Visa process can be straightforward, allowing you to focus on what you do best.

At Zhang-Louie PLLC, we’re dedicated to helping talented professionals, artists, and athletes navigate the complexities of the O Visa application. Our experienced team is here to ensure your application stands out and increases your chances of approval.

Start your O Visa journey today

Contact Zhang-Louie PLLC today to schedule a consultation and begin your journey toward success with confidence. Let us help turn your vision into reality.