O-1 Visa for startup founders and employees
March 16, 2017 at 12:45 pm #2549
I have questions about O-1 Visa. Anyone can help here?March 16, 2017 at 1:23 pm #2551
Hi David, what’s your question?March 16, 2017 at 1:25 pm #2552
I’d like to see if I qualify for O1 visa. How does it work? Do I need to have an employer? Can I sponsor myself with my own company? My startup is in early stage and I just registered a c-corp in Delaware.March 16, 2017 at 1:29 pm #2553
You can sponsor yourself with your new company. It’s common that founders sponsor themselves for their O-1 Visa.
You can read about petitioning for yourself here: https://shopimmigration.com/o-1-visa-for-talented-people-do-you-qualify/
And also, I’m copying and pasting you below the evidence you need to have in order to be eligible for O-1 Visa. It’s taken from here: https://www.uscis.gov/working-united-states/temporary-workers/o-1-visa-individuals-extraordinary-ability-or-achievement
If you really want to see if you qualify faster, just fill this questionnaire: https://shopimmigration.com/money-back-guarantee/form/
Evidentiary Criteria for O-1A
Evidence that the beneficiary has received a major, internationally-recognized award, such as a Nobel Prize, or evidence of at least (3) three of the following:
Receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor
Membership in associations in the field for which classification is sought which require outstanding achievements, as judged by recognized national or international experts in the field
Published material in professional or major trade publications, newspapers or other major media about the beneficiary and the beneficiary’s work in the field for which classification is sought
Original scientific, scholarly, or business-related contributions of major significance in the field
Authorship of scholarly articles in professional journals or other major media in the field for which classification is sought
A high salary or other remuneration for services as evidenced by contracts or other reliable evidence
Participation on a panel, or individually, as a judge of the work of others in the same or in a field of specialization allied to that field for which classification is sought
Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation
If the above criteria do not readily apply to the beneficiary’s occupation, the petitioner may submit comparable evidence in order to establish the beneficiary’s eligibility.
Evidentiary Criteria for O-1B
Evidence that the beneficiary has received, or been nominated for, significant national or international awards or prizes in the particular field, such as an Academy Award, Emmy, Grammy or Director’s Guild Award, or evidence of at least (3) three of the following:
Performed and will perform services as a lead or starring participant in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications, contracts or endorsements
Achieved national or international recognition for achievements, as shown by critical reviews or other published materials by or about the beneficiary in major newspapers, trade journals, magazines, or other publications
Performed and will perform in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation as evidenced by articles in newspapers, trade journals, publications, or testimonials.
A record of major commercial or critically acclaimed successes, as shown by such indicators as title, rating or standing in the field, box office receipts, motion picture or television ratings and other occupational achievements reported in trade journals, major newspapers or other publications
Received significant recognition for achievements from organizations, critics, government agencies or other recognized experts in the field in which the beneficiary is engaged, with the testimonials clearly indicating the author’s authority, expertise and knowledge of the beneficiary’s achievements
A high salary or other substantial remuneration for services in relation to others in the field, as shown by contracts or other reliable evidence
If the above standards do not readily apply to the beneficiary’s occupation in the arts, the petitioner may submit comparable evidence in order to establish eligibility (this exception does not apply to the motion picture or television industry).March 16, 2017 at 9:50 pm #2555
Thanks. I’m here on a tourist visa and I want to sponsor myself. Can I start the process from the US while on tourist visa?March 16, 2017 at 9:55 pm #2556
The answer is YES. You will need to adjust status and it might be psychologically hard. I suggest you do the premium processing if you do that. It’s worth the moneyMarch 19, 2017 at 10:35 pm #2581
Can you explain what actors and filmmakers need in order to establish an O-1 visa for themselves?
Where to start?March 26, 2017 at 4:05 pm #2801
Actors can pay 150$ per month to an agency that will sponsor them. Keep in mind there are legal fees as well.
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