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O-1 Visa Route

LookingSearching

Hello everyone,

I hope you're all doing well. I wanted to reach out and ask if any of you have gone through the process of applying for the O-1 visa. Whether you have succeeded or faced challenges along the way, I would greatly appreciate your input. Specifically, I'm curious to know which immigration lawyer you worked with, the difficulties you encountered, and any missed opportunities that could have expedited the process.

Your insights and experiences would be extremely valuable to me, so I want to express my gratitude in advance.

Thank you all,

Kev

 
Jul 13, 23 1:40 pm
JLC-1

To qualify for an O-1 visa, you must demonstrate extraordinary ability by sustained national or international acclaim, or a record of extraordinary achievement in the motion picture and television industry, and must be coming temporarily to the United States to continue work in the area of extraordinary ability. 

This is an architecture forum, not actors.

Jul 13, 23 4:40 pm  · 
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Not quite.

"The O-1 nonimmigrant visa is for the 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."

Jul 13, 23 4:42 pm  · 
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LookingSearching

O-1 is for architects. You dont have to be world famous to get it.

Jul 15, 23 5:41 am  · 
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JLC-1

Application Process for an O-1 Visa
A U.S. employer, U.S. agent, or foreign employer through a U.S. agent should file (see Form I-129, Petition for Nonimmigrant Worker) on your behalf, along with the required evidence according to the form instructions. Your employer or agent cannot file the petition more than one year before they actually need your services. To avoid delays, your employer or agent should file your Form I-129 at least 45 days before the date of employment.

Jul 16, 23 2:56 pm  · 
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LookingSearching wrote 

"O-1 is for architects. You dont have to be world famous to get it."

Not quite.  

It can be used for architects but it's not just for architects. It's used mostly by people in the motion picture or theater industries. Even then it's not very common.

I'm a bit concerned that you don't know much about the only option you say you have for obtaining a visa.  

Jul 17, 23 3:00 pm  · 
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JLC-1

The visa you're looking for is H1B, but you have to have an employer sponsor you.

Jul 13, 23 4:42 pm  · 
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LookingSearching

JLC-1, H1-B is almost ungettable currently. O-1 is the only resonable route.

Jul 15, 23 5:40 am  · 
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JLC-1

Good luck

Jul 16, 23 2:53 pm  · 
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sameolddoctor

As someone that has been thru the ringer for h1, greencard etc etc stuff, i feel qualified to talk about this. 

The o1 visa is even harder to get than the h1 visa - you need to have been published in REPUTABLE publications, have tons of peer recommendations, probably have a couple of research papers under your belt etc etc.

I suspect that if you are surfing archinect asking about these things, you do not have the qualifications for an o1 visa. Good luck though.

Jul 17, 23 3:33 pm  · 
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JLC-1

Dr., I started with J1, all the way to citizenship in 11 years and some hefty fees.

Jul 17, 23 3:39 pm  · 
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Bench

I've heard of some architects who have obtained an O-1 visa, but this is a very unique situation for the superstars of the industry. Think consistent, repeated publication in major media outlets.

You should probably be looking at another visa option.

Jul 13, 23 5:08 pm  · 
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t a z

Which visa is the one where you say you'll invest a million dollars minimum to start a US business?

Jul 13, 23 6:40 pm  · 
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t a z

Muhhahahhhhh!

EB-5 Immigrant Investor Program: 

The standard minimum investment amount has increased to $1.8 million (from $1 million) to account for inflation.

Jul 13, 23 7:23 pm  · 
2  · 
Bench

Ah yes, for all those young architects with $1M burning a hole in their pockets!

Jul 14, 23 8:06 am  · 
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sameolddoctor

Isn't it 500,000 $, and one needs to create 5 American jobs in the process? Good idea in principle, but this only put a person IN LINE for the EB5 visa, its not a sure shot. There are many frauds in this too, wherein entities in the US get wealthy individuals from other countries to invest in some shady enterpeise, and then bail with said cash...

Jul 17, 23 3:39 pm  · 
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monosierra

I know of one case where the lawyer did a hell of a job maximizing the client's body of work - which, frankly, was nowhere near extraordinary levels of acclaim. Bjarke Ingels or Florian Idenburg would've have no problem getting the O but for a dude with just one competition top-3 placing and limited work experience to win an O? I'd credit the lawyer for pulling it off. 

But even the greatest lawyer still needs something to work with. Folks I've heard of who are working on their Os share the following qualities:

1) Publications: They have published work, most commonly a thesis project, in a credible publication. More points if their work is cited - something rare in architecture.

2) Exhibitions: A common approach for Chinese students. Walk around Manhattan's Chinatown and you'll see quite a few small galleries run by students and showing their friend's work. It's a mini industry of sorts - I run a gallery and show your work. You get more points for the O visa and do me a solid when I need my references in the future. Of course, the authorities aren't stupid - they are aware of cozy coteries. Tip - Do art projects rather than architectural ones to boost exhibition chances.

3) Patents: Again, rare in architecture. But a proprietary design process, even if only theoretical, could be patented with the help with a good lawyer. It costs money - and you still have to do the actual work.

4) Competitions: There's a reason why those weird competitions where applicants have to pay to be judged by a random jury are so popular. They offer third party validation of one's works, as well as publicity, to the winners. Scoring a win is a huge boost to the O.

5) Interviews: Another cottage industry, where one's friends could invite you to a panel discussion or interview - and critically, get it published. Authorities must see third part validation of your purported accomplishments. This is one way to demonstrate such extraordinary talent outside of actually being extraordinary

6) Extraordinary Work: This speaks for itself and few accomplish the feat. If you do end up running major projects and earning headline credits then the O will be straightforward without fudging.

Jul 13, 23 5:37 pm  · 
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LookingSearching

Indeed I have found similar information to this.

Jul 15, 23 5:41 am  · 
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sameolddoctor

Yup, monosierra, it is a cottage industry run by several rich kids and their friends, but I suspect and hope the USCIS will crack down upon them soon.

Jul 17, 23 3:37 pm  · 
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