How to get O1 VISA. Alternative to H1B VISA (Ft. Stanislav ) All 8 Qualifications Explained.

Immigrant Talks
7 Dec 202227:45

Summary

TLDRIn this informative discussion, immigration attorney Stanislav explains the intricacies of the O1 visa and EB1A green card processes, emphasizing their advantages over the H1B visa. He outlines the criteria for the O1 visa, such as extraordinary ability in one's field, and provides a detailed breakdown of the eight qualifying factors, including publications, awards, and high salary. Stanislav also addresses the importance of STEM fields in immigration and offers a free case evaluation process to help potential clients assess their eligibility for these visas.

Takeaways

  • 😀 The interview discusses the comparison between the O1 visa and H1B visa, highlighting the O1 visa as a potentially easier path for talented individuals to immigrate to the U.S.
  • 🏆 The O1 visa is designed for individuals with extraordinary ability or achievement in their field, and does not have the same lottery system as the H1B visa, which can be a significant advantage.
  • 💼 The H1B visa is subject to an annual cap and lottery, with a limited selection process that takes place once a year in March, whereas the O1 visa does not have such restrictions.
  • 🌟 Stanislav, the interviewee, has extensive experience in American jurisprudence and specializes in helping individuals with talent and work visas, with a high approval rate in his practice.
  • 🔑 To qualify for an O1 visa, applicants need to meet at least three of eight criteria set by USCIS, which include things like receiving awards, being a critical member of a distinguished organization, and having a high salary or other remuneration.
  • 💼 The interview emphasizes the importance of STEM (Science, Technology, Engineering, and Mathematics) fields in immigration, as professionals in these areas are often in high demand and can more easily meet the O1 visa criteria.
  • 💼 The interview discusses the possibility for individuals to establish their own U.S. companies and use these as a means to sponsor their own O1 visa application, which is not possible with the H1B visa.
  • 📈 The O1 visa is initially granted for three years, with the possibility of indefinite extensions, unlike the H1B visa which is limited to a total of six years.
  • 📝 The interview provides a detailed explanation of the eight criteria for the O1 visa, making the process seem less intimidating and more accessible to those who may qualify.
  • 🌐 Stanislav's company offers a free evaluation process for potential clients to assess their eligibility for various visa types, aiming to make the immigration process more approachable and understandable.

Q & A

  • What is the main goal of Stanislav's company?

    -The main goal of Stanislav's company is to bring 10,000 people to the United States by 2030, with about 20% of this goal already accomplished.

  • What is the size of Stanislav's company and how many departments does it have?

    -Stanislav's company has about 60 people and is divided into six departments, each responsible for its own function.

  • What is the approval rate for the visas that Stanislav's company handles?

    -The approval rate across all visas in Stanislav's company is over 90 percent, with some visa types having a 100% approval rate.

  • How does Stanislav define the O1 visa in comparison to the H1B visa?

    -Stanislav describes the O1 visa as a working visa for talented or extraordinary individuals that is easier to obtain than the H1B visa, which is more popular but involves a lottery system with limited selection opportunities each year.

  • What is the advantage of the O1 visa over the H1B visa according to Stanislav?

    -The O1 visa has several advantages over the H1B visa, including no annual cap on issuance, the possibility for the visa holder to be their own employer, and an initial grant period of up to three years with indefinite one-year extensions.

  • What are the three criteria that Stanislav suggests one should prove to get an O1 visa approved?

    -To get an O1 visa approved, one should prove at least three criteria out of eight, which may include having publications, playing a critical or leading role in a high-reputation organization, and earning a significantly high salary compared to other professionals in the industry.

  • Why does Stanislav emphasize the importance of STEM fields for immigration purposes?

    -Stanislav emphasizes the importance of STEM fields for immigration because individuals in these fields often have a higher chance of meeting the criteria for visas like the O1 due to their specialized knowledge and skills, which are in high demand in the United States.

  • What does Stanislav suggest as a strategy for those who cannot find an employer to sponsor their O1 visa?

    -Stanislav suggests that individuals who cannot find an employer to sponsor their O1 visa can open a company in the United States and make that company their employer for the purpose of the visa application, essentially playing both the roles of the employer and the employee.

  • How does Stanislav's company handle the evaluation process for potential clients?

    -Stanislav's company offers a free evaluation process where potential clients can fill out a detailed application. Stanislav analyzes the application and responds within 48 hours with an analysis of the case. If he sees potential, he invites the client for immigration planning, which is a paid service where he builds a strategy for filing the petition.

  • What is the significance of the 'free evaluation' process offered by Stanislav's company?

    -The 'free evaluation' process is significant because it eliminates the financial risk and intimidation often associated with consulting an attorney. It allows individuals to assess their eligibility for visas without upfront costs and helps in building trust and accessibility between the clients and the legal team.

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