The US Talent Visa

One of the most popular options for moving to the United States of America is to obtain a talent visa (O-1). This format of entry permits is issued on condition that the relocant has high achievements in the creative profession or has made a significant contribution to the development of certain sectors of the economy (science, technology, sports, business). A permit to enter the United States is issued for a period of up to 3 years (depending on the terms of the employment agreement). It should also be noted that the talent visa belongs to the nonimmigrant category. It is subject to prolongation only if the holder retains the migration status and continues to work in the previously chosen field of activity. The wife and children of the relocant have the right to expect family reunification.

Advantages and disadvantages of a visa

The relocation program for the O-1 visa category was developed by the American authorities in order to attract highly qualified personnel and people with unique abilities to the country. It allows you to work in the United States for hire or to develop your own business. For American employers, this is an additional opportunity to take the company to a new level. Holders of talent visas are given the opportunity to receive decent remuneration for their work, according to American standards.

It is advantageous to obtain an O-1 entry permit for the following reasons:

• no quota limits;
• there is no reference to the salary amount;
• there is no need to stay in the American state on a permanent basis;
• you can extend your visa an unlimited number of times.;
• there is no need to obtain a work permit from the US Department of Labor.

The relocation program for qualified employees is not without its drawbacks. These include:

• nonimmigrant visa status;
• strict criteria for the selection of candidates (they must provide indisputable evidence that they are experts in a particular field);
• the applicant's spouse loses the right to work in the United States.

As for the candidate's higher education, there is no such requirement. There is also no need to gain a certain length of service.

Attention

You can increase the chances of an application being approved, provided that the relocator was able to assemble a unique case. Then you can count on obtaining a visa permit on the first attempt.

Talent Visa categories

The American authorities have provided several types of non-immigrant talent visas. They differ in the different fields of activity in which the applicant was able to achieve outstanding achievements (or demonstrate unique abilities).

All applicants for an O-1 visa are required to independently decide on the issue of employment with an American company. When you change it, you need to create a new petition. If the applicant has failed to find an employer in the United States, he has the right to remotely open his own company, which will appear as a petitioner. The issuance of an O-1 visa permit is not limited by quotas. In the future, holders of extraordinary abilities can apply for a Creen Card, which allows them to live in the country on a permanent basis.

Category O-1A

Anyone who has achieved worldwide recognition in the field of education, science, sports or business has the right to apply for such a visa permit format. To obtain an O-1A entry permit, you must meet at least 3 of the 8 mandatory criteria (approved by the USCIS – the US Immigration Department).

Those who can prove the positive impact of startups on the development of the American economy have a high chance of obtaining a visa. The benefits can be expressed in creating jobs, introducing innovative developments, or improving domestic market conditions.

Category O-1B

This type of visa permit is aimed at those who have been able to achieve outstanding achievements in the field of art, the television industry or film production. An expert opinion will be required from the applicant, which confirms the existence of special merits in the above-mentioned fields of activity. He will have to prove, for example, that he was nominated for award-winning prizes and awards, and played leading roles in plays by renowned directors.

The O-1B visa is issued for 3 years. It allows the holder to enter and leave the United States an unlimited number of times during this period.

O-2 visa

This format of crossing the American border is requested by those who plan to help a person who has achieved international recognition in the field of art (including cinema, TV). They are also allowed to join the staff of a company owned by the holder of an O-1B entry permit.

As for O-1A visa holders, they are not allowed to bring their employees to the United States. The validity period of the O-2 entry permit is also 3 years.

O-3 visa

With this type of permit, relatives of a person with unique abilities can enter the territory of the state. It can also be requested by family members of the O-2 visa holder. The spouse and children of the talent visa holder fall into the category of applicants. They cannot apply for employment in the United States, but they are given full access to education in local educational institutions.

Attention

When attempting illegal employment, the American authorities deport not only relatives of the O-1 or O-2 visa holder from the country, but also themselves.

Requirements for candidates

The US migration legislation imposes a fairly extensive set of requirements for applicants for an O-1 visa permit. In particular, they include:

• the amount of salary (must be higher than the average for the position);
• working for a prestigious company;
• trade union membership;
• achievements in professional competitions;
• contribution to the modernization of the professional field of activity (monographs, scientific articles, speeches at conferences, etc.);
• participation in the jury at events where professional competitions are held;
• author's publications in thematic media;
• communication with representatives of the press on the subject of professional activity. 

It is not necessary for a candidate for a talent visa to meet all the above parameters. But at least 3 of the eight positions must be closed.

As an example, let's briefly consider the achievement requirement. The applicant must have proof of victories and prizes in professional competitions. Additionally, he is required to provide a certificate stating that he participated in the competition. The event itself should be mentioned in reputable publications (newspapers, magazines).

The standard time for reviewing a petition is from 4 to 5 months. For an additional fee, you can speed up the decision-making process on a candidate and shorten it to 14 days.

Step-by-step receipt process

The algorithm for obtaining a talent visa includes the following steps:

Attention

As for the preparation and drafting of the I-129 petition, either the applicant or an immigration lawyer may submit it. USCIS representatives often reject the application due to the fact that the applicant for the O-1 visa submitted an incomplete list of documents. After the elimination of this defect, the procedure for reviewing the application is resumed.

Required documents

To apply for a talent visa at the American embassy, you will need to provide:

• passport;
• DS-160 application form;
• I-129 petition (must be approved by the U.S. Immigration Department);
• photo 5x5;
• resume;
• written evidence confirming the existence of special merits and achievements in the professional field;
• certificate of marriage/ birth of children (if the relocant plans to move to the USA with his family).

Documents prepared for the staff of the American diplomatic mission do not need to be translated into English. The exception is the DS-160 questionnaire, which is filled out on the Government's website.

Cost

The list of main expenses related to obtaining an O-1 visa permit includes:

• the state fee is $205 (a fee of $2,960 is charged for expedited examination of the questionnaire);
• travel expenses to countries where American embassies operate (from $1,000)
• immigration lawyer services (from $10,000 to $30,000).

If the consulate makes a negative decision on the candidate, the consular fee will not be refunded. The amount of expenses for the services of a migration lawyer depends on his experience and qualifications. It is possible to reduce the cost of applying for an O-1 visa by preparing the case as well as possible.

Reasons for refusal

The staff of the diplomatic mission will not be allowed to cross the US border if:

• the applicant does not fall into any category of the O-1 visa (art, sports, television, etc.);
• insufficient list of evidence of outstanding achievements has been collected.;
• procedural errors were made (the forms were filled out incorrectly);
• the applicant was unable to complete 3 mandatory criteria out of eight "possible" ones;
• an incomplete set of documents was submitted;
• the applicant has an outstanding criminal record.

A talent visa may be revoked if its holder has become a violator of US migration laws. The refusal to grant O-1 format permission should not be considered final. In practice, there were cases when, after 3 or 4 refusals, applicants were still allowed entry.

Tips for successful acquisition

The issue of moving to the USA requires serious preparation, which must be started in advance. Please note that petitions to the USCIS are considered from 4 to 5 months. Depending on the initial data, it may take from 2 months to 1 year to prepare a dossier. It is important to collect as much written evidence as possible that the applicant is recognized by the expert community as a true professional in his field. For each selection criterion, there are many nuances that only an immigration lawyer can figure out.