O-1 VISA - EXTRAORDINARY ABILITY OR ACHIEVEMENT - USA

The O-1 Visa for the US is a specialist non-immigrant visa for an individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.

The O-1 visa classifications are as follows:

O-1A: individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry).

O-1B: individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry.

O-2: individuals who will accompany an O-1, artist or athlete, to assist in a specific event or performance.  For an O-1A, the O-2’s assistance must be an “integral part” of the O-1A’s activity.

O-3: individuals who are the spouse or children of O-1’s and O-2’s.

What are the eligibility criteria for an O Visa?

1. The beneficiary must demonstrate extraordinary ability by sustained national or international acclaim.

2. Extraordinary ability in the fields of science, education, business or athletics means a level of expertise indicating that the person is one of the small percentage who has risen to the very top of the field of endeavor.

3. Extraordinary ability in the field of arts means distinction. 

4. To qualify for an O-1 visa in the motion picture or television industry, the beneficiary must demonstrate extraordinary achievement evidenced by a degree of skill and recognition significantly above that ordinarily encountered to the extent the person is recognized as outstanding, notable or leading in the motion picture and/or television field.

What is the application process for an O-1 Visa?

A.  File Form I-129, Petition for Nonimmigrant Worker, with the USCIS.

B. Consultation - A written advisory opinion from a peer group (including labor organizations) or a person with expertise in the beneficiary’s area of ability.

C. Contract between petitioner and beneficiary.

D. Itineraries - nature of the events or activities.

What is the Evidentiary Criteria for an O-1A visa application?

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: 

1. Receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor.

2. 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.

3. 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.

4. Original scientific, scholarly, or business-related contributions of major significance in the field.

5. Authorship of scholarly articles in professional journals or other major media in the field for which classification is sought.

6. A high salary or other remuneration for services as evidenced by contracts or other reliable evidence.

7. 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.

8. Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation.

What is the period of stay granted to the visa applicant?

Up to 3 years, but the petitioner may request an extension of their stay.

For advice and assistance with your O-1A visa application to work in the US, contact VisaConnect's qualified US Attorney's:

O-1 Visa USA Advice - Extraordinary Ability or Achievement (visaconnect.com)

H-1B VISA - US

The H-1B visa for the United States allows foreigners to work in the US, in specialty occupations, services of exceptional merit and ability relating to a Department of Defense (DOD) cooperative research and development project, or services as a fashion model of distinguished merit or ability.

What are the eligibility criteria for H-1B Specialty occupations?

The job must meet one of the following criteria to qualify as a specialty occupation:

1. Bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for the position.

2. The degree requirement for the job is common to the industry or the job is so complex or unique that it can be performed only by an individual with a degree.

3. The employer normally requires a degree or its equivalent for the position.

4. The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree.

5. Labour Condition Application - The prospective employer must file an approved Form ETA-9035, Labor Condition Application (LCA), with the Form I-129, Petition for a Nonimmigrant Worker.

For the visa applicant to qualify to accept a job offer in a specialty occupation you must meet one of the following criteria:

A. Have completed a U.S. bachelor’s or higher degree required by the specific specialty occupation from an accredited college or university.

B. Hold a foreign degree that is the equivalent to a U.S. bachelor’s or higher degree in the specialty occupation.

C. Hold an unrestricted state license, registration, or certification which authorizes you to fully practice the specialty occupation and be engaged in that specialty in the state of intended employment.

D. Have education, training, or progressively responsible experience in the specialty that is equivalent to the completion of such a degree and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.

What are the eligibility criteria for H-1B2 DOD Researcher and Development Project Worker?

The job must meet both of the following criteria to qualify as a DOD cooperative research and development project:

1. The cooperative research and development project or a co-production project is provided for under a government-to-government agreement administered by the U.S. Department of Defense.

2. A bachelor’s or higher degree, or its equivalent is required to perform duties.

3. Labour Condition Application (LCA) is not required.

What are the eligibility criteria for the H-1B3 Fashion Model?

A. The position/services must require a fashion model of prominence.

B. To be eligible for this visa category you must be a fashion model of distinguished merit and ability.
 
C. Labour Condition Application (LCA) is required.

What is the H-1B application process?

1. Employer Submits LCA to DOL for certification.

2. Employer Submits Completed Form I-129 to USCIS.

3. Prospective Workers Outside the United States Apply for Visa and/or Admission.

How long can you stay in the US on an H-1B visa?

You may be admitted to the US, as a non-immigrant, on the H-1B for up to 3 years. You can get a visa extension, but it is not usual for the visa to go beyond 6 years duration.

What is the H-1B Cap?

Annually, the H-1B visa has a numerical limit "cap" of 65,000 visas each fiscal year. The first 20,000 petitions filed on behalf of beneficiaries with a U.S. master’s degree or higher are exempt from the cap.

For advice and assistance with your H-1B visa application to work in the US, contact VisaConnect's qualified US Attorney's:

H-1B and H-4 Specialty Occupation | US Work Visa Advice (visaconnect.com)

E-3 VISA - AUSTRALIAN PROFESSIONALS - USA

The E-3 visa for the US is applicable only for Australian nationals (Australian citizens but not permanent residents) and their family. It allows an applicant to go to the United States to work solely in a specialty occupation.


E-3 visa applicants may be admitted to the United States for up to a two-year period, which is renewable indefinitely.

What is the definition of a 'Specialty Occupation'?

The definition of “specialty occupation” is one that requires:
 
I. A theoretical and practical application of a body of specialized knowledge; and

ii. The attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.

Generally, as a guide, the occupation must be considered a graduate specialty occupation, and might be eligible for the E-3 visa if it is listed on the Occupational Information Network website O*NET Online.

Do You need a Job Offer?

Yes. You need to have a job offer from a sponsoring employer in the United States before you can apply for the E-3 visa. Also, you must apply from within Australia or another country, but you cannot apply from in the US for the visa.

How do I apply for the E-3 visa?

1. Make an appointment with your nearest US Consulate.

2. Take all your documents to your Interview at the US Consulate, including the Job offer from your US employer.

3. Complete the standard DS-160 application form.

What is the average processing time?

In Australia, if an E-3 is approved at your Interview - then the visa is usually issued within 5 business days.

Documentary evidence required for your E-3 visa application:

1. An approved Labor Condition Application (LCA) - the U.S. employer obtains from the Department of Labor. You are advised not to book an interview appointment until you have received this form.

2. Evidence of academic or other qualifying credentials - required under Immigration and Nationality Act (INA) 214(i)(1), and a job offer letter from the employer.

3. If your degree and higher-level qualifications are from an Australian institution, you do not usually need to provide certified copies or evidence of their U.S. equivalent but bring to your visa interview a copy of any certificates, and if possible, transcripts for the course of study.

4. In the absence of an academic or other qualifying credential(s), evidence of education and experience that is equivalent to the required U.S. degree.

5. A certified copy of any required license - or other official permission to practice the occupation in the state of intended employment if so required or, where licensure is not necessary to commence immediately the intended specialty occupation employment upon admission, evidence that the alien will be obtaining the required license within a reasonable time after admission.

For advice and assistance with your E-3 visa application to the US, contact VisaConnect's qualified US Attorney's:

E-3 Work Visa for Australian Professionals | US Attorneys (visaconnect.com)

J-1 EXCHANGE VISA - USA

The Intern visa, J-1 allows foreign college and university students to travel and work in the US, as an Intern (Trainee), and gain exposure and understanding of US work culture and learn new skills and practical experience, in their selected occupation field.

The eligibility requirements for the J-1 visa are:

1. The foreign national must be currently enrolled in and pursuing studies at a foreign degree or certificate granting post-secondary academic institution outside the United States; or

2. The foreign national has just graduated from such an institution no more than 12 months prior to their exchange visitor program start date.

The Program Sponsors of the Internship must visit host organizations, and collect verification evidence from the organization, and do quality assurance in the form of regular evaluations from students to maintain high standards of quality and credibility.

Employer hosts are required to:

1. Sign a completed Form DS–7002 – Training/Internship Placement Plan (T/IPP) to verify that all placements are appropriate and consistent with the objectives of the interns as outlined in their program applications and as set forth in their T/IPPs. All placements must be customized to the skills and experience level of the individual intern.

2. Notify sponsors promptly of any concerns about, changes in or deviations from T/IPPs during training and internship programs and contact sponsors immediately in the event of any emergency involving trainees or interns.

3. Abide by all federal, state and local occupational health and safety laws.

4. Abide by all program rules and regulations set forth by the sponsors, including the completion of all mandatory program evaluations.

5. Have sufficient resources, plant, equipment and trained personnel available.

6. Provide continuous on-site supervision and mentoring by experienced and knowledgeable staff.

7. Ensure that interns obtain skills, knowledge, and competencies through structured and guided activities such as classroom training, seminars, rotation through several departments, on-the-job training, attendance at conferences and similar learning activities, as appropriate in specific circumstances.

What can the student Intern do on a Program?

They can come to the US to teach, study, conduct research, demonstrate special skills or receive on the job training for periods ranging from a few weeks to several years.

The following are types of Internship Programs available on the J-1 visa:

Au Pair
Camp Counselor
College and University Student
Government Visitor
Intern
International Visitor
Physician
Professor and Research Scholar
Secondary School Student
Short-Term Scholar
Specialist
Summer Work Travel
Teacher
Trainee

What are the eligibility requirements for participants on the J-1 Program?

A. English Language Proficiency

B. Insurance

C. Pre-Arrival Information and Agreements - provided by Program Sponsors

D. Orientation - provided by Program Sponsors

E. Monitoring - progress and welfare of participants must be done by program Sponsors.

For advice and assistance with your J-1 Intern visa application, contact VisaConnect's qualified US Attorney's:

J-1 Visa USA | Exchange Visitor Program - VisaConnect

STUDENT VISA - UNITED STATES

A US Student visa is generally required for a foreigner interested in studying in the US, at a School,

College or University, except for short courses, then they can study on a B-1 visa.

There are 2 types of student visas - F-1 or M-1.

The F visa is meant for study at:

• University or college 
• High School 
• Private elementary school 
• Seminary 
• Conservatory 
• Another academic institution, including a language training program
  

The M visa is meant for study at:

• Vocational or other recognized nonacademic institution, other than a language training program
  

The first step is to apply for the course before applying to the US Consulate or Embassy for the visa. You need to apply and be accepted by a SEVP approved school. Once your application gets accepted, you will be enrolled in the Student and Exchange Visitor Information System (SEVIS), and you will need to pay the SEVIS I-901 Fee. At that point, the US School will present you with a Form I-20 for your student visa application to the US Consulate.

The Consular Officer may require you to attend an interview, and at that appointment you need to bring all your personal documents (Passport, photo), and DS-160 application form, as well as your academic qualifications and transcript of results.

For advice and assistance with your US student visa application, contact VisaConnect's qualified US Attorney's:

F-1 Student Visa | M-1 Vocational and Training Visa US (visaconnect.com)