Petition
Filling out Form I-129, Petition for Nonimmigrant Worker, is the first step in obtaining a nonimmigrant work visa, including one under the O-1 category. This document is submitted to the appropriate USCIS office by U.S. employees or agents to demonstrate that the visa recipient meets the requirements for an O-1 visa as set forth by the government. Cost of the Form I-129 is $460.
It is advised that the petitioner submits the form no later than a year before the beneficiary begins performing their actual work. However, to prevent further processing lag, submit the petition at least 45 days before to the start of your work.
Documentary proof
In order to qualify for an O-1 visa, you must provide a lot of documentation that demonstrates your remarkable character in accordance with USCIS guidelines. The following papers must be included with the petition, according to the petitioner.
Evidence-based records
These are the records demonstrating that you have met at least three of the evidentiary requirements listed by USCIS for your outstanding ability. These can take the shape of contracts, pay stubs, certifications, membership papers, and other similar documents.
Peer consultation
This paper serves as evidence that others in your field are aware of your exceptional talent.
A peer group or subject-matter expert must provide a written advisory opinion as part of the consultation. The consultation must come from an acceptable labor union and a management group with knowledge of your industry if the person is from the film or television industry.
Make sure that the signature you supply is the original, watermarked one if the peer group or organization that wrote your consultation utilizes one. Simple duplicates of your document may raise questions about its authenticity, which could slow down the application process.
The USCIS waives this consultation requirement in the following circumstances:
- A situation where the petitioner shows that there is no suitable peer group. In this situation, USCIS will merely rely on other documentary evidence.
- A situation in which a person from the arts profession recently visited the U.S. on an O-1 visa (and, as a result, provided consultation). In this situation, the petitioner must include a copy of the initial consultation with a request to waive the requirement.
Employment Agreement
You must have proof that the beneficiary (you) and your American employer reached an employment agreement.
A formal, binding employment contract will do just fine. But if there is sufficient paperwork, the USCIS will also accept oral agreements.
Emails between you and your employer, a written summary of the contents of the agreement, or any other proof that an oral agreement for the employment took place are all acceptable forms of evidence for oral contracts.
The employer and employee do not both need to sign the oral agreement. However, if you intend to submit a summary of an oral agreement, it must include the following:
- What the employer provided, and
- What the employee regarded as acceptable
Itineraries
You must also provide proof of the outcomes of the activities and events you want to hold in the United States. You must demonstrate that the events relevant to your area of competence will occur during the application’s validity term in this section. The following elements must be included in the itinerary requirements:
- An explanation of the events’ or actions’ nature
- The beginning and ending dates of the activities or occurrences
- A copy of any schedule for the activities or events