Visa questions? We can help.

In US immigration processes, your claims must be more likely than not to be true. This means if something appears more true than false, USCIS should accept it as true. To meet this standard, the visa petitioner should provide documents that convincingly support the claim’s validity.

For instance, to prove you received VC funding, you could provide signed SAFE agreements with a VC, a published article about your funding round, and documentation about the relevance of the VC.

Keep in mind that theory and practice do not always perfectly align. It’s crucial you speak to an experienced legal team to avoid spending time and money on documentation that does not support your case.

According to recent USCIS policy, yes. In general, the agency requires a legitimate employer-employee relationship, which typically involves the ability to “hire, pay, fire, supervise, or otherwise control the work” of the beneficiary.

Since this policy is new and USCIS has provided little guidance, it remains unclear how these requirements will be applied in the O-1 context.

No. Spouses of O-1 visa holders receive an O-3 visa, which allows them to live in the U.S. but not to work.

They can study, get a driver’s license, open a bank account, and travel in and out of the country freely, but employment is not permitted.

Questions vary, but the most common is: “Tell me why you are extraordinary?” Be ready with a concise summary of your accomplishments.

This is the time to confidently highlight your achievements, not to be modest.

You should also be prepared to explain the details of your U.S. job—your duties, employer, compensation, and location.

With premium processing, most O-1 petitions are decided within 15 business days.

Without premium processing, a decision can take several months, depending on USCIS workload.

The preparation stage—collecting evidence, drafting recommendation letters, and organizing the petition—typically takes anywhere from 6 weeks to 6 months, depending on the applicant’s profile, the attorney’s approach, and how quickly supporting documents are provided.

The O-1A is for individuals with extraordinary ability in the sciences, education, business, or athletics.

The O-1B is for those with extraordinary ability in the arts, or extraordinary achievement in film and television.

While the two categories share similar criteria, the type of evidence required differs based on the field.

In some cases, applicants may qualify under both categories—for example, a marketing professional whose work combines both business and artistic elements.

Yes. You can change employers, but in most cases the new employer must file a new petition before you can begin working with them.

The only exception is for O-1B visas filed through a U.S. agent—in those cases, you may switch or add employers without needing to file a new petition.

Yes. You must have either a U.S. employer or a U.S. agent who files the petition on your behalf.

You cannot self-petition for the O-1. Technically, you can work for a foreign company, but the petition still needs to be filed through a U.S. agent acting as your sponsor.

Only if you hold a visa or work authorization that allows you to work in the U.S. If your status does not permit employment, you cannot legally work—even for a foreign company paying you abroad.

Even with work authorization, it must cover the type of employment you intend to do. For example, an O-1 visa through a U.S. agent may allow you to work with multiple companies, while an Employment Authorization Document (EAD) provides broader flexibility.

Dual intent means you can hold a temporary visa while also intending to apply for permanent residency (a green card).

The H-1B and L-1 visas are true dual intent visas. Most others, such as B-1/B-2, E-2, and F-1, do not permit dual intent, so pursuing a green card from those visas can create complications.

The O-1 is a special case: it is not a dual intent visa by law, but in practice, both USCIS and the Department of State usually treat it as if it were.

Yes. It’s possible to pursue both strategies simultaneously. However, it’s far more common to apply for the O-1 and then pursue the EB-1A. Many applicants use the O-1 as a “bridge” to work legally in the U.S. while building their profile for the EB-1A. The O-1 is temporary, while the EB-1A leads to permanent residency.

Yes. Evidence of press coverage—especially in reputable, independent outlets—is strong proof of recognition in your field. However, not all articles are born equal, and some are far more relevant than others. The article should be mostly about you and your work, have a listed author, and date.

Yes, but only if your petition was filed by a U.S. agent. You cannot freelance outside the scope of your petition or through an employer. In addition, you cannot add new employers after the O-1 petition has been filed — even if it was filed through an agent — except in the case of the O-1B, where this is allowed.

You generally lose status once the employment ends, but you may use the 60-day grace period to find a new sponsor and file a new petition. However, since USCIS has started using its discretion to reduce or even eliminate the grace period in some cases it’s more important than ever to act quickly and consult with legal counsel.

Yes. Children with O-3 or H-4 visas may attend public schools without additional authorization.

No. Technically you can self-file (for EB-1A) or have an employer file without an attorney. However, due to the complexity of the evidence, most applicants strongly benefit from legal representation.

They serve to contextualize and validate your achievements. Strong letters from independent experts can significantly strengthen your case. Letters are not going to be the cornerstone of the application, but are very relevant and helpful to the case.

Yes, but it depends on how your case is being processed:

• Consular processing: If you are outside the U.S. when your petition is approved, you will need to schedule a visa interview and obtain an O-1 visa stamp at a U.S. consulate before reentering.

• Change of Status (COS): If you filed your petition as a Change of Status from within the U.S., traveling abroad it’s not allowed and your case will be considered abandoned.

No. Only U.S. citizens can sponsor parents. Once you become a citizen (typically after holding a green card for 5 years, or 3 years if you became permanent resident through marriage with a US citizen), you may petition for them.

Yes. If your extension is filed before your current O-1 expires, you are allowed to keep working for up to 240 days while USCIS processes the case.

No. O-1 visas can be renewed indefinitely in increments (usually 1–3 years), as long as you continue to meet the criteria.

Extraordinary ability is the language you must use in O-1 and EB-1A cases, and it means you are among the very top in your field. Exceptional ability (EB-2 NIW wording) means you have expertise significantly above the average but not necessarily at the very top.

Yes, but they are generally weaker than major national or international awards. They can still support your profile when combined with stronger evidence. In most cases regional awards are not useful for the awards criteria but are still helpful to establish recognition in your field.

Yes. Patents that have been commercialized or frequently cited can help demonstrate original contributions. However, simply holding a patent that has not been applied or recognized by others in the field is not sufficient to establish this category.

Absolutely. Speaking engagements—especially at well-known or international conferences—show that you are recognized as an authority in your field. The more selective and prestigious the event, the stronger the evidence. Although it does not fall into a specific category, it is very important for the final merits evaluation.

EB-1A is an immigrant visa that leads directly to a green card and permanent residence, while O-1A is a non-immigrant work visa valid for up to 3 years with extensions available.

EB-1A allows you to self-petition without employer involvement, whereas O-1A requires an employer or agent sponsor. Both require proving extraordinary ability, but EB-1A applies a higher standard of proof.

Generally, yes.

Both visas require proving extraordinary ability using similar criteria, but USCIS applies a more flexible standard for O-1A. Regional recognition and recent accomplishments tend to carry more weight for O-1A, while EB-1A requires sustained national or international acclaim over a longer period.

Many individuals who qualify for O-1A need additional time and achievements before being ready to apply for EB-1A.

Yes, and many people do.

A common strategy is to file for O-1A to enter the U.S. quickly while an EB-1A petition is pending or while you continue building your profile. However, because O-1A is technically a non-immigrant visa, having immigrant intent requires careful planning.

This approach is allowed, but it’s important to understand the legal implications and structure the filings correctly.

Both visas require meeting at least 3 criteria from their respective lists.

• O-1A has 8 criteria.
• EB-1A has 10 criteria (two additional ones apply to performing arts).

Both O-1A and EB-1A petitions can use premium processing for $2,805 ($2,965 since March 2026), which guarantees USCIS action within 15 business days.

Without premium processing, O-1A petitions and EB-1A I-140 petitions are generally processed on similar timelines. The key difference is that EB-1A approval is only the first step toward permanent residence.

After I-140 approval, EB-1A applicants must still complete adjustment of status or consular processing, which adds several additional months to the overall green card timeline.

Premium processing is the fastest standard option available for O-1A petitions.

There is no faster tier than the 15-business-day premium service. In rare emergency situations, USCIS may consider an expedite request, but approval is discretionary and not guaranteed.

If an O-1A petition is denied, you may have several options.

These can include filing a motion to reopen or reconsider, appealing to the Administrative Appeals Office (AAO), or submitting a new petition with stronger evidence. The best option depends on the specific reason for the denial.

No. Form G-28 has no filing fee.

USCIS accepts it at no cost.

Your immigration attorney may charge their own professional fees for representing you, but the form itself is free to submit alongside your visa application, petition, or appeal.

Form G-28 is used for immigration matters before USCIS within the United States.

Form G-28I is a separate form used for matters outside the U.S., and it allows a broader range of representatives to file, including attorneys who are not licensed in the U.S. and certain family members.

If your case is handled domestically by USCIS, your attorney will use the standard G-28.

Yes. USCIS requires a new Form G-28 for each separate application, petition, or appeal.

Even if the same attorney is handling multiple filings for you, they must submit a new G-28 with each one.

The form applies only to the specific case it is filed with and does not carry over to other matters.

Yes. You are always allowed to represent yourself before USCIS.

Form G-28 is only necessary when you want a licensed attorney or accredited representative to act on your behalf.

If you choose to handle your own visa process, USCIS will communicate directly with you.

However, for complex petitions or cases involving RFEs, many foreign nationals find that working with an immigration attorney leads to better outcomes.

No. Form I-129 must be filed by the U.S. employer acting as the petitioner.

The foreign national beneficiary cannot self-petition.

The employer is responsible for completing the form, paying the filing fees, and providing supporting documentation to USCIS.

Standard processing time for I-129 petitions is typically between 2 and 8 months, depending on the service center and visa category.

With premium processing (Form I-907), USCIS guarantees a response within 15 business days.

Processing times can change, so it is recommended to check the USCIS processing times page for current estimates.

When USCIS approves an I-129 petition, they issue Form I-797, Notice of Action.

This approval notice serves as official evidence of the approved I-129 status.

The beneficiary may use it for visa stamping at a U.S. consulate or to document their authorized stay if already in the United States.

The total cost of a visa application depends on the visa type, employer size, and whether you use premium processing.

For an H-1B petition, a standard employer can expect to pay $3,380 to $7,380 in government fees alone.

Adding premium processing ($2,965) and attorney fees ($2,000 to $5,000) brings the total to roughly $5,380 to $15,345.

Other visa types like the O-1A or EB-1A have different fee structures and typically higher attorney costs.

No. USCIS does not refund filing fees if your petition is denied, withdrawn, or revoked.

This means a denial can be especially costly since you will need to pay the full set of government fees again if you choose to refile.

The only exception is premium processing: if USCIS does not meet the 15 business day deadline, you can request a refund of the I-907 fee.

For most employer-sponsored visas like the H-1B, the employer is legally required to pay certain fees, including the I-129 base filing fee, the ACWIA Training Fee, and the Fraud Prevention and Detection Fee.

The employer cannot pass these costs to the employee.

Premium processing fees can sometimes be paid by either party, depending on who benefits from faster processing.

Consular fees and travel costs are typically the employee’s responsibility.

The O-1 visa has one of the lowest government fee totals at $1,655 for a standard employer, since it does not require the ACWIA Training Fee or the Fraud Prevention and Detection Fee.

However, O-1A cases often require extensive evidence preparation, which drives attorney fees higher.

The cheapest overall cost depends on both the filing fees and the complexity of your particular case.