O1 Visa

If you wish to travel to the US on the O1 Visa, you will require a US employer (also known as the petitioner) who works within your area of expertise to start the application on your behalf. The application process will usually play out as follows:

1. The petitioner will need to fill out Form I-129 (Petition for Nonimmigrant Worker) and submit this to the United States Citizen and Immigration Services (USCIS).
2. Once the USCIS has approved the form from the petitioner, you will now be able to continue the application process by filling out and completing Form DS-160. You can complete Form DS-160 online, Once you have electronically submitted the form, you will need to print a copy of the confirmation page. You will need to bring this along with you to your visa interview at a later stage of the application process.
3. Whilst applying online, you will need to pay the O1 Visa application fee of $190. Be sure to print a copy of your receipt and file it safely with your confirmation page, as this will need to be shown to an immigration officer during your visa interview.
4. Once all the paperwork and fees have been paid, you will need to schedule an appointment for an interview. It is at this point that you will need to gather all the required documentation that has been requested by the USCIS. Be vigilant whilst creating your portfolio of evidence, as it is a very important part of the process to prove your eligibility, and you do not want to turn up to the interview unprepared.
5. The final part of the application process for an O1 Visa is to attend your visa interview. Make sure you bring all of the required documentation and evidence required for your area of expertise. The goal of this interview is for an immigration officer to establish whether or not you meet the requirements for the O1 Visa, and to determine that all of the documentation and evidence that you have provided is accurate and true. During the visa interview, you will also need to demonstrate that you have intentions of returning to Canada once your visa expires. This may be in the form of a work contract or job offer on a letterhead from a company.

If you have a successful application for the O1 Visa, you will be able to arrive in the US legally and stay for up to a maximum of three years. You are permitted to enter the US 10 days prior to the beginning of your visa, allowing you to organize your house and home before starting employment.

You have the same 10-day extension at the end of your visa, which will allow you to stay 10 days over the period of your visa, allowing you to tie up all the loose ends. The only restriction here is that you can not legally work during these 20 days. There is an option to extend the visa, however, so if you find yourself wanting to stay in the US for past the three years, you will need to do the following:

1. Submit a new application for the O1 Visa
2. Submit a completed Form I-29 (Petition for a Nonimmigrant Worker)
3. Submit a copy of Form I-94 (Arrival / Departure Record)
4. Submit a statement explaining why you require the extension. Within this statement, your employer will need to confirm that you will continue working in the same activity and area of expertise should your extension be granted.

Once you have submitted your application, USCIS will determine how much extra time they can allocate you, based on the requirements of your expertise. Extensions are granted in increments of up to one year at a time, and you may need to repeat the process if you need further time still.

As a general rule, it can take USCIS between two to three months to process your O1 Visa application. This timeframe can be extended if there is an error in your application, or if there is missing documentation, so it is very important to make sure that you have all of your ducks in a row before submitting your application. An immigration lawyer will be able to assist you and make sure that your portfolio of evidence is in order, prior to you sending it away.

If you have an urgent application, you have the option to fast-track the process by using Premium Processing, which means that you will receive the response to your application within just 15 working days. This comes at a cost however and will set you back $1,500, as opposed to the regular processing cost of $460.

If you are in the US on an O1 Visa, you are there as an employee of a specific company that petitioned for you to be there in the first place. However, due to circumstances outside of your control, or greater opportunities, you may need to transfer to a different employer entirely. This is certainly an option, but you will need to follow a process.

Your new potential employer will need to file Form I-129 and submit it to USCIS. If your original application was filed by an agent, they will need to file an amended petition with proof that the new employer intends to hire you, who they are, and that your intended employment is within the realms of your specialized field of expertise. You cannot begin working for your new employer until this petition has officially been approved.

One of the greatest advantages of being in the US on an O1 Visa is that you have the option to work for multiple employers, so long as it has all been documented and approved. If you wish to work for multiple employers, each of them will be required to submit a separate petition explaining the position they are hiring you for, as you cannot simply just start working for someone that is not your original sponsor on your O1 Visa application.