USA WORK VISA
The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the IT industry with a minimum of 7 years of experience, Any 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.
Advantages of the O-1
Candidates love the O-1 because it has No Degree requirement, flexible criteria, and unlimited extensions, and they can hold numerous O-1s simultaneously. Employers love the O-1 because it allows them to hire and retain top talent without a minimum salary requirement or an annual cap like the H-1B.
Direct Path to a Green Card
The O-1 offers a direct path to permanent residency via the Green Card process.
A work status option spanning a wide range of occupations The O-1 is not just reserved for celebrities and Nobel Prize winners. Entrepreneurs, Engineers, Scientists, Artists, Graphic Designers, Researchers, and Executives can all qualify with the right credentials.
- Your investors and customers are in the U.S. Fundraise, hire, meet customers and grow your business within the U.S.
● Startup Founders
● Founding Team Members
● Startups at the Seed Stage and Later Engineers & Data Scientists:
You’re a top engineer or data scientist who is building and discovering new advanced technology.
● Professional IT Employees with a minimum of 7 years of experience
● Head of Engineering / Vice President of Engineering
● Senior Principal Data Scientist
● Chief Technical Officer (CTO) / Head of Innovation Researchers:
You want to commercialize or continue your research in the U.S.
after receiving your degree.
● Published Academics
● Grant Recipients
● Significant Contributions in Your Field of Study (e.g. Intellectual Property, Patents) Artists & Designers:
The O-1 is an option for outstanding individuals in just about any field. You may also qualify for the O-1 if you are at the top of your industry in:
● Graphic Design
● Visual Arts / Photography
● Culinary Arts
Executives and Managerial:
Executives and managers who are in just about any field may also qualify for the O-1:
President / Partner / Chairman
Executive Director / Vice President (SVP/VP)
C-level (C-suite) such as CEO/COO/CFO
H1B VisaThe H1-B visa is a nonimmigrant visa that allows U.S. firms to hire foreign nationals in specialist occupations in the United States of America for a certain amount of time. People seeking work from outside the United States must hold an H1-B Visa under the Immigration and Nationality Act.
H1B Visa Eligibilities:
- You must have a few years of work experience to be eligible for the H1-B visa. It can also be a combination of more education and job experience.
- A bachelor’s degree or its equivalent is required.
- The U.S. Citizenship and Immigration Services will decide if your job is a specialized vocation and whether you are eligible to conduct the services.
- An employer must register a labor condition with the Department of Labor relating to the terms and conditions of its employment contract with you.
- You must show that you are capable of working in the specialty occupation.
The following are the advantages of the H1-B Visa: A person can have an unlimited number of H1-B Visas throughout his or her lifetime.
H1-B visa holders are eligible to apply for Green Cards or
Lawful Permanent Residency for themselves and their families. If an employer terminates an H1B holder before the end of the approved employment period, the business must give the H1B holder a fair cost of transportation back to his or her native country.
If an H1-B visa holder changes employers, he or she must apply for a new visa. It does not, however, imply that you will be granted another six years of permission. Those who are transferring their H4 visa to H1-B status, on the other hand,
H1B Visa Validity
The H1B nonimmigrant is authorized to stay in the United States for a duration of three years, which can be extended but cannot exceed six years. The American Competitiveness in the Twenty-First Century Act allows for an extension of the stay. There is also a limited extension for people with pending permanent residency petitions. However, if your H1-B visa is not extended before the end of the sixth year, you must leave the country for a year.
Foreign nationals working on Defense Department projects can keep their H1-B status for a period of ten years. You can bring your dependents with you if you have an H1B visa. Your wife and unmarried children under the age of 21 are eligible for the H4 visa and can stay for the duration of your H1-B visa. They are not permitted to work but are permitted to attend school in the United States. The B1 visa also allows for the employment of servants.
Individuals are not permitted to apply for the H1-B visa, which needs sponsorship from a U.S. company. The H1-B filing period begins on April 1st and will continue until the quota is fulfilled. Every year, the H1-B sponsors and employers vary. H1-B visas are dual-purpose visas, which allow you to get permanent residency as well.
In 2023, the H-1B visa will cost between $1,700 and $6,500. The exact cost will be determined by a number of factors, including optional fees, legal costs, and employment conditions. It is important to note that, while all H-1B candidates must pay the $10 registration fee, only those chosen in the lottery must pay the remaining expenses listed above. Having said that, it is still vital for all parties to be fully informed of the H-1B filing costs imposed. As a result, we highly advise having VisaNation Law Group do a full case review prior to joining the lottery to guarantee that you fulfill the salary eligibility standards and attract suitable applicants.
The usual H-1B filing fee for the I-129 petition is $460. This H-1B charge applies to H-1B transfer expenses, filings, H-1B revisions, and renewals as well.
Act to Improve American Competitiveness and Workforce (ACWIA) The training price is $750 for firms with 1–25 full-time employees. The cost is $1,500 for firms with 26 or more full-time workers. Some organizations, such as non-profits affiliated with educational institutions and government research groups, are exempt.
Fee for Fraud Prevention and Detection: This $500 fee applies to new H-1B petitioners as well as those transferring employment. This fee must be paid by the sponsoring employer, according to USCIS.
Public Law 114-113 Charge: This H-1B fee applies to businesses with 50 or more employees, with more than half on H-1B or L-1 status. These businesses must pay an extra cost of $4,000. However, the USCIS may waive this cost. These details are provided as of the scripted date and may change in the future.
Fees for extras: Premium processing is available for $2,500 to individuals who wish to speed up the H-1B visa procedure in 15 days. To utilize this feature, you must first fill out Form I-907. Another possible fee is if family members apply to be the applicant’s H-4 dependents by completing Form DS-160.