+ O-1 Visa. Talent and exceptional ability visa.

The O-1 visa is a non-resident U.S. visa for people who:

• demonstrate extraordinary ability and talent in their field.
• have been recognized nationally or internationally for achievements in their field.
• have a job offer from a U.S. employer (can be from an agent) to work in their specialty field.

An individual working in sports, business, science or education may qualify for an O-1A Visa, while an individual working in the arts, film or television may qualify for a O-1B Visa. The company or agent looking to hire this extraordinary individual will petition USCIS on the applicant’s behalf, and an O-1 visa will be granted for a specific “event” (interpreted loosely, as this can be anything from a one-day television commercial or photoshoot to a two-year ongoing research project or teaching position).

Are you interested in an O-1 Visa and want to know more? Keep reading…

Am I Eligible?

The most commonly asked question when it comes to an O-1 Visa is “am I eligible?”. Here at Azadi Law, we will work together with you to analyze your specific case. A common misconception is that only extremely well-known, household names are eligible for an O-1 Visa, but from our experience with clients, this is simply not true; whilst major internationally recognized professionals may have an obvious case, you may meet more of the eligibility requirements than you think. Before deciding whether a person qualifies for an O-1 Visa, we do a thorough examination of your past professional experiences and use our expertise to highlight some events that may otherwise be overlooked.

Applicants need to prove they are part of a small percentage of people who have made it to the top level of their field, providing sufficient evidence for at least three of the following conditions:

1. The applicant has received a nationally or internationally recognized award/prize for excellence in their field (or has coached someone to win such a prize).

2. The applicant is a member of a highly distinguished, “elite” professional association/organization with specific membership standards and requirements, where recognized experts in the field are in charge of appointing new members.

3. The applicant or the applicant’s work has been the subject of a feature in a major well-known publication or a high-profile, industry-specific trade publication.

4. The applicant has, either individually or as part of a panel, served as a judge of others in their field of expertise (as long as this is not part of their regular job description).

5. The applicant receives or has received a high salary (significantly above average) for their services in the field.

6. The applicant has been previously employed by an organization with a distinguished reputation, in a leading or critical capacity.

O-1 A specific:

7. The applicant has made an original scientific, academic or business contribution of major significance to their field (e.g. research).

8. The applicant has written scholarly articles and had them published in professional journals or trade publications (something more than a blog).

O-1 B specific:

9. The applicant has performed as a lead or starring participant in a production or event with a distinguished reputation, as evidenced by reviews from critics, endorsements, advertisements, publicity releases, television or radio interviews etc.

10. The applicant has had major commercial or critically acclaimed success, as evidenced by noteworthy television ratings, box office receipts, etc.

A petitioning employer may also submit alternative but comparable evidence to establish eligibility of an applicant if the above conditions do not apply.

Things to Remember

An O-1 Visa is based on individual qualifications. Being a member of a highly successful team or group alone does not automatically qualify an applicant for an O-1 Visa, but it is helpful.

A degree qualification is not always necessary to apply for an O-1 Visa.

The tasks and duties that an applicant will be carrying out for their U.S. employer must be closely related to their extraordinary skills or abilities; if not, they will not qualify for an O-1 visa.

What Are the Benefits of an O-1 Visa?

O-1 visas are beneficial for a number of reasons.

Firstly, there is no limit to the number of times an O-1 visa can be extended (depending, of course, on USCIS approval).

Secondly, an O-1 visa holder (and their dependents, on an O-3 Visa - see below) may travel freely in and out of the U.S. and can stay continuously in the country for as long as they like during the validity period of their visa. Furthermore, if an O-1 visa holder is petitioned and hired by an Agent as opposed to a direct employer, this allows them professional freedom in the sense that they can work for multiple direct employers, without being tied down to just one.

Lastly, the sheer scope of different professions that can qualify for an O-1 Visa makes it attractive, with chefs, photographers, athletes models, coaches, costume designers, animal trainers, fragrance experts, holistic therapists, marketing directors, furniture restorers, gallery owners, CEOs, COOs, and CFOs being just some examples.

How Long is an O-1 Visa Valid For?

An O-1 Visa is normally granted for up to three years, depending on how long the applicant's specific event, production or activity is supposed to last. Unlimited extensions are available in 1-year increments, as long as the visa holder is able to show they are continuing with the same position/activity for which their visa was originally granted. Recipients of an O-1 Visa will be admitted entry into the United States for the entirety of the validity period of their visa, plus a maximum of ten days before and after this period, during which they can be in the country but cannot work.

As O-1 Visas are tied to a specific sponsor, if an O-1 visa holder decides to leave their job, their visa ceases to be valid. If you would like to change jobs within the U.S., your new employer must file a special "change of employer" O-1 petition. This can often be an easier process than the original O-1 Visa filing, but is still a separate filing nonetheless (which is not guaranteed approval).

Who Can Accompany Me?

Spouses or unmarried children under the age of 21 (dependents) of an O-1 Visa holder can apply for an O-3 Visa, allowing them to accompany the primary O-1 Visa holder for as long or as little as they wish, during their time in the United States. An O-3 Visa permits its holder to study full or part time within the U.S., but not to work.

Specialized assistants who are an “integral part” of an O-1 Visa holder’s performance (i.e. members of a musical group), with a longstanding working relationship with the Visa holder, critical skills and unique experience that set them apart from a U.S. worker, can qualify for an O-2 Visa. This allows the visa holder to accompany an O-1 Visa holder throughout their stay in the United States, if their continued contribution is needed to ensure the successful completion of the project or production.

Can an O-1 Visa Lead to Residency (Green Card)?

There is a path to a Green Card for an O-1 Visa holder; namely the EB1-A, Extraordinary Ability Green Card, which has similar requirements to the O-1 Visa but requires a more sustained period of excellence within a certain field and holds the applicant to an even higher standard. The O-1 Visa is a good place to start, if you are looking to work towards this residency process.

Can my own company sponsor me?

An O-1 visa applicant’s own company can sponsor their visa (aka in the case of a Start Up Founder with various U.S. companies wanting to employ their services). However, it is important to note that creating a company alone is not enough; the Company must prove it is doing business by including information about its online and physical presence, and its financial resources.

The O-1 visa applicant can technically both own the corporation and be employed by it if there are entities (board of directors, other owners or investors) that can fire, hire, pay, or otherwise control the beneficiary. These would be the people signing off on the O-1 visa petition, as the applicant cannot sign as their own “Petitioner”.

If the O-1 visa applicant is the sole owner and investor in a corporation that doesn’t have a board of directors, the applicant can also be petitioned by a filing agent. Azadi Law P.A. can help entrepreneurs qualify for an O-1 Visa by acting as their filing agent, as an intermediary between the applicant and the companies that they intend to work with in the U.S.

Application Process

*You should hire a qualified immigration attorney before beginning the O-1 visa process, to ensure every step of the process is carried out and documented correctly.

1) An employer will make you a job offer in the United States (with the employment start date being within a year of the offer). Then, you will check if you meet the requirements for an O-1 Visa.

2) If you are confident you meet these requirements, you must submit proof of this to your employer and/or immigration attorney. 3 types of proof are generally needed – primary evidence, which is factual and indisputable (e.g. evidence of a journal article published), opinion letters from experts in the field attesting to your extraordinary ability (these must be outside your circle of influence), and tertiary evidence supporting either the primary pieces of evidence provided or the reliability of said experts.

3) Once you have submitted all necessary proof, your employer and immigration attorney will petition an O-1 Visa for you, submitting your evidence, a copy of your employment contract, and an explanation of the time scale and nature of the events/activities you are being hired to carry out.

4) An interview will then be scheduled at a foreign U.S. Embassy, which you will need to attend. Here at Azadi Law, we make sure you feel 100% confident and prepared for your interview. Your attorney will send you a copy of your file, a list of sample interview questions, and will schedule a mock interview with you to prepare you for your real one.

Note: this step is not necessary if you are filing a change of status from inside the U.S. (usually recommended if you are in a rush and do not need to travel outside of the United States).

Any further questions? Please don’t hesitate to contact us! With exceptional knowledge and insight into US visa application protocol, Azadi Law P.A. provides multinational businesses, employers and employees with all of the legal services, advice and support they require when applying for an O-1 Visa. Contact us today for your first consultation!

+ H-1B Visa. Work visa for specialized professionals.

The H-1B visa is a U.S. visa for foreign professionals working either:

a) in a specialty occupation (requiring a specific bachelor’s degree or equivalent form of higher education, professional experience, and specialized knowledge to perform the role – H-1B (A))

b) as a researcher or development project worker for the U.S. Department of Defense(DOD) (requiring at least a bachelor’s degree – H-1B (B))

c) as a fashion model (of distinguished merit and ability – H-1B (C)).

The H-1B Visa is an attractive option for many reasons, making it the most popular long-term work visa in the United States for many years.

Benefits & Requirements of an H-1B Visa

There are a whole host of benefits to the H-1B Visa, making it so popular. Firstly, compared to many other work visas, the requirements are simple: a bachelor’s degree and a job offer from a profitable U.S. company for a specialty position that requires your degree.

Secondly, an H-1B Visa is initially granted for 3 years, can be easily renewed and additionally, is relatively flexible; part-time work is permitted, and if the Visa recipient has won the lottery in the past six years, they do not have to re-apply for the lottery if they wish to change employer or work for multiple employers. There is also a lack of nationality restrictions - foreign professionals of any nationality can apply for an H-1B Visa. Another unique advantage to the H-1B Visa is the fact it is considered to be a “dual intent” visa, meaning you can pursue legal permanent resident status (a Green Card) whilst under H-1B nonimmigrant status.

Who Can Accompany Me?

An approved applicant’s spouse and any unmarried children under the age of 21 (dependents) are eligible to apply for an H-4 nonimmigrant Visa, to accompany the H-1B Visa holder. This Visa will allow them to work in the United States after obtaining Employment Authorization Documents. Please feel free to contact us for more information about this.

What is a Labor Condition Application (LCA)?

Applicants who meet the requirements for an H-1B (A) or (C) visa will require a Labor Condition Application from their U.S. employer or agent, granted by the U.S. Department of Labor; if the employer or agent does not do so, this can result in fines or sanctions, possibly impeding the sponsoring company from sponsoring nonimmigrant or immigrant petitions in the future.

In order for a labor condition application to be approved, the U.S. employer/agent must show that:

a) they will pay the H-1B Visa recipient at least the prevailing wage, equivalent to or more than what comparable qualified workers are being paid on average – remember to take into account the varying prevailing wages in relation to the geographic location of the business.

b) they will provide acceptable and fair working conditions.

c) there is no strike or lockout taking place at the place of employment at the time of the labor condition application.

d) they have given notice regarding the filing of the labor certification with the DOL, either by posting an announcement at the place of employment or by giving notice to a union bargaining representative.

e) they have a valid federal tax identification number.

Recent H-1B Visa Changes

Currently, due to USCIS receiving, on average, almost three times the number of H-1B cap-subject petitions allotted according to the set annual limits (65,000), the granting of H-1B Visas is decided through a random selection lottery. The Trump administration recently attempted to amend these regulations, so that instead of being randomly selected, Visa applicants being offered the highest wages by their U.S. employers would be prioritized (in order of salary, from highest to lowest). However, the Biden administration has officially delayed implementation of these changes, meaning that at least for this current year (2021), the random selection lottery process will remain in place. U.S. employers should bear this in mind when looking to sponsor future H-1B Visas; please don’t hesitate to contact us for more information regarding these changes.

Cap-Exempt Applicants & the H-1B1 Visa

Not every applicant is required to enter the H-1B Visa lottery in order to apply for an H-1B Visa. Those who are required to do so are referred to as cap-subject applicants, and those who aren’t are referred to as Cap-Exempt applicants. The latter includes Chilean and Singaporean nationals, who have a special treaty with the United States whereby they can apply directly for the H-1B1 Visa, bypassing the lottery process. Similarly, specialized professionals who are being petitioned by certain government research organizations, non-profit entities or non-profit research organizations, applicants who have previously won the H-1B lottery in the past 6 years and applicants with a master’s degree or higher from a U.S. institution of higher education are all able to sidestep the lottery process if they wish to apply for an H-1B Visa and would do so directly by sending their application to USCIS.

Application Process

*In ALL cases, for an H-1B Visa application, you should hire a qualified immigration attorney before beginning this process. It is essential that every step of the process is carried out and documented correctly.

The steps involved to obtain approval for an H-1B Visa are as follows:

1. Check if you meet the requirements for an H-1B Visa (see above).

2. Register for the H-1B Visa lottery (if necessary).

Registration tends to be open from approximately March 1 – March 20 each year, with the lottery itself taking place and employers being notified of the results by approximately March 31. As it stands, the registration Fee is $10 and, if you win the lottery, an additional $1,710 is required in order to process your H-1B Visa application (please note that USCIS fees are subject to change).

3. Begin your filing process.

Employers will usually have 90 days, beginning April 1, to file (submit) a full H-1B Visa petition and pay the corresponding filing fees. The H-1B filing process involves collecting and submitting the following documents:

• To be provided by the potential employee:

o Copies of your University diploma and transcripts (with official translations into English if necessary) - the Azadi Law team works closely with certified U.S. translators who can assist you with this process, if needed.

• To be provided by your employer:

o Labor Condition Application certified by the U.S. Department of Labor (see details above)– this does not tend to require any advertising or testing of the U.S. job market by your employer. This should include evidence about the position to be filled.

o A completed and signed H-1B non-immigrant petition and H-1B supplement.

o A work contract with an effective start date of October 1.

o Evidence that the position to be filled is a specialty occupation.

4. Receive receipt of your application.

Applying for an H-1B Visa is possible through consular processing, from abroad, or through a change of status from within the U.S. In the case of consular processing, an interview will hence be scheduled at a foreign U.S. Embassy, which you will need to attend in order to receive the H-1B Visa inside your passport. Here at Azadi Law, we make sure you feel 100% confident and prepared for your interview. Your attorney will send you a copy of your file and a list of sample interview questions. They will then schedule a mock interview with you, in order to prepare you for your real H-1B Visa Interview. This step is not necessary if you are filing a change of status from inside the U.S., which is usually recommended if you are in a rush and do not need to travel outside of the United States during the estimated visa processing time.

5. Receive approval of your H-1B Visa.

Once an applicant’s petition has been approved, they must begin employment on the start date stated in the approval notice, or as soon thereafter as is practical if the approval notice is issued or received after the stated start date. The approval of an applicant’s Visa petition does not mean the employing company is required to employ this individual for three years, but it does mean that this is permitted. The petitioning employer will be liable for the reasonable costs of the return transportation of the successful applicant if they choose to terminate employment before the end of the H-1B Visa recipient’s period of authorized stay (normally 3 years, extendible to 6 years). The petitioning employer is not responsible for these costs if the successful applicant resigns from their position.

Any further questions? Don’t hesitate to get in touch with us, we’ll be happy to help! With exceptional knowledge and expert insight into US visa application protocol, Azadi Law P.A. provides specialty occupation workers, DOD researchers or development project workers and distinguished fashion models with all of the legal services, advice and support they require when applying for an H-1B Visa. Contact us today for your first consultation!

+ TN Visa. Work visa for qualified professionals from Mexico/Canada.

The TN visa is a U.S. non immigrant visa for qualified Canadian or Mexican citizens who are looking to gain temporary entry into the United States to engage in business activities at a professional level. This visa is available due to the special economic and trade relationships between United States, Canada, and Mexico, brought about by the North American Free Trade Agreement (NAFTA).

Professionals who are eligible to apply for a TN Visa include, but are not limited to, the following: accountants, engineers, lawyers, scientists, pharmacists and teachers, all of whom must have either a full or part time job offer for a job that requires their qualifications, from a U.S. employer who can afford to pay a fair wage; self-employment is not accepted for this visa. A bachelor’s degree or equivalent is required in the majority of cases, but not all, and the application process for a TN visa varies slightly depending on whether the eligible applicant is a Canadian or Mexican citizen.

Benefits of a TN Visa

There are many benefits to a TN visa, particularly with regards to cost, processing time and the lack of annual cap (there is no limit on how many of these visas can be issued per year).

Compared to many other nonimmigrant work visas, the TN visa is inexpensive; petitioning by mail (only permitted for Canadian citizens) involves a $555 I-129 petition filing fee, whereas gaining status at an approved border or port of entry involves a mere $50 application fee, plus a further $6 I-94 fee. The option to gain status at designated ports of entry is also by far the quickest way to enter the United States as a non-immigrant, as processing time can take just a few hours. However, petitions sent via mail will generally take around six months to receive a response, as with the vast majority of visa applications (although applicants can pay an additional premium processing fee which guarantees a response from USCIS within 15 days). The TN visa can be extended an unlimited number of times, and there is no lottery involved in a TN visa application, as there is, for example, in an H-1B visa application.

Who Can Accompany Me?

An approved applicant’s spouse and any unmarried children under the age of 21 (dependents) may be eligible for TD nonimmigrant status, to accompany the TN Visa holder during their granted period of stay. These dependents will not be permitted to work in the United States, but they are permitted to study.

Dependents of the approved applicant who are Canadian citizens will not require a visa to enter the United States. Dependents who are Mexican citizens or of other nationalities will require a TD nonimmigrant visa to present upon arrival in the U.S., which can be obtained through a pre-scheduled appointment at a U.S. Embassy or Consulate.

How long can I remain in the U.S.?

Successful TN Visa applicants will be granted an initial period of stay of a maximum of 3 years. There are then various options for TN visa holders who wish to extend their status, and there is no limitation on the number of times one can renew. From within the United States, the applicant’s employer can file Form I-129 (Petition for a Non-Immigrant Worker) on the applicant’s behalf, along with a letter addressing the need for the extension. Alternatively, the applicant can leave the United States before their visa expiry date, and then re-apply at a CBP-designated port of entry or designated pre-clearance/pre-flight inspection station, using an updated version of their initial TN visa application.

Application Process – Canadian Citizens Canadian citizens are not required to apply for a TN visa at a U.S. consulate. Instead, applicants have two options:

• to seek admission to the United States by presenting required documentation (proof of Canadian citizenship, credentials evaluation if applicable, application fees, and letter from prospective employer detailing applicant’s professional capacity, purpose of their employment, desired length of stay, educational qualifications, etc.) to a U.S. Customs and Border Protection officer (CBP) at certain designated U.S. ports of entry/pre-clearance/pre-flight inspection stations.

• to have their prospective employer file on their behalf, submitting Form I-129 (Petition for a Nonimmigrant Worker) to USCIS via mail, and then presenting proof of Canadian citizenship, the USCIS approval notice for Form I-129, copy of the Form I-129 and all other supporting documents which were submitted to USCIS, to a CBP Officer at certain CBP-designated ports of entry/pre-clearance/pre-flight inspection stations.

Application Process – Mexican Citizens

Mexican citizens are required to obtain a visa to enter the United States as a TN nonimmigrant, at either a U.S. embassy or a consulate in Mexico. Once an applicant has been approved for a TN visa, they may apply for admission into the U.S. at certain CBP-designated U.S. ports of entry/pre-clearance/pre-flight inspection stations.

How Azadi Law Can Help

When it comes to the TN visa, the devil really is in the details. The best way to guarantee peace of mind, and to ensure your time and money is not wasted by mistakenly filling out tricky forms, providing insufficient evidence or providing the wrong type of evidence is to hire an experienced attorney to guide you and take care of any unforeseen obstacles.

With exceptional knowledge and expert insight into US visa application protocol, Azadi Law P.A. provides qualified Canadian and Mexican citizens with all of the legal services, advice and support they require when applying for a TN Visa. Contact us today for your first consultation!

Full List of Eligible Professions for a TN Visa (Alphabetical)

• Accountant • Agriculturist • Animal Breeder/Scientist • Architect • Astronomer • Biochemist • Biologist • Chemist • Computer Systems Analyst • Dairy Scientist • Dentist • Dietician • Economist • Engineer • Entomologist • Epidemiologist • Forester • Geneticist • Geochemist • Geologist • Geophysicist • Graphic Designer • Hotel Manager • Horticulturist • Industrial Designer • Interior Designer • Land Surveyor • Landscape Architect • Lawyer • Librarian • Management Consultant • Mathematician • Medical Laboratory Technologist • Meteorologist • Nutritionist • Occupational Therapist • Pharmacist • Pharmacologist • Physician • Physicist • Physiotherapist • Plant Breeder • Poultry Scientist • Professor (College / Seminary / University) • Psychologist • Range Manager • Recreational Therapist • Registered Nurse • Research Assistant • Scientific Technician • Soil Scientist • Social Worker • Technical Publications Writer • Urban Planner • Vocational Counsellor • Veterinarian • Zoologist

+ P Visa. Work visa for artists and entertainers.

The P visa is a non-resident U.S. visa for: members of an internationally recognized entertainment group, coming temporarily to the United States to perform (P-1B). artists or entertainers coming temporarily to the United States to perform, teach, or coach as part of a culturally unique program (P-3).

The company, organization, or agent (sponsor) looking to hire a P-visa applicant will petition USCIS on the applicant’s behalf.

Are you interested in an P Visa and want to know more? Keep reading…

Am I Eligible?

The most commonly asked question when it comes to a P Visa is “Am I eligible?”. Before deciding whether a person qualifies for a P Visa, we do a thorough examination of your past professional experiences and use our expertise to determine if you qualify, and which category is right for you. Here at Azadi Law, we will work together with you to analyze your specific case and highlight some evidence that may otherwise be overlooked.

Applicants wanting to apply for a P-1B visa need to prove they are: a member of an internationally recognized group, band or duo, well known in more than one country. a member of a group where at least 75% of the members have a substantial and sustained relationship with the group for at least one year.

Note 1: Individual performers are not eligible for a P-1B visa.

Note 2: There are certain exceptions when it comes to circus performers/personnel, as well as certain outstanding, nationally known entertainment groups. Contact us if you believe this may apply to you.

Applicants wanting to apply for a P-3 visa need to prove they are coming to the United States (either as an individual or part of a group), to: develop, interpret, represent, coach, or teach a unique or traditional ethnic, folk, cultural, musical, theatrical, or artistic performance or presentation. participate in one or more cultural event(s) which will further the understanding or development of your art form; these events can be commercial or non-commercial.

What Are the Benefits of a P Visa?

P visas are beneficial for a number of reasons. Firstly, there is no limit to the number of times a P visa can be extended (depending, of course, on USCIS approval). Secondly, a P visa holder may travel freely in and out of the U.S., and stay continuously in the country for as long as they like during the validity period of their visa. The same goes for their dependents on a P-4 Visa (see below for "Who Can Accompany Me?"), who may also attend school or college in the U.S. if they so wish.

Furthermore, if a P visa holder is petitioned (sponsored) and hired by an agent, manager or filing agent, as opposed to a direct employer, this allows them professional freedom in the sense that they can work for multiple employers/organizations, without being tied down to just one.

How Long is a P Visa Valid For?

A P Visa is granted for up to one year, depending on how long the applicant's specific event, production, or activity is set to last. Unlimited extensions are available in 1-year increments, as long as the visa holder is able to show they are continuing with the same position/activity/work for which their visa was originally granted.

Recipients of a P Visa will be admitted entry into the United States for the entirety of the validity period of their visa, plus a maximum of ten days before and after this period, during which they can be in the country but cannot work.

Can I Change Job?

As P Visas are sometimes tied to a specific sponsor, if a P visa holder decides to leave or change their job, their visa ceases to be valid. If you would like to change jobs within the U.S., your new employer must file a special "change of employer" petition. This can often be an easier process than the original P Visa filing, but is still a separate filing nonetheless (which is not guaranteed approval). As a result, many of our clients prefer to petitioned by a filing agent, like Azadi Law P.A., because it allows flexibility.

Who Can Accompany Me?

Spouses or unmarried children under the age of 21 (dependents) of a P Visa holder can apply for a P-4 Visa, allowing them to accompany the primary P Visa holder for as long or as little as they wish during their time in the United States. A P-4 Visa permits its holder to study full or part-time within the U.S., but not to work. However, your spouse may qualify for their own work, business or investor visa.

Essential Support Personnel who are an “integral part” of a P Visa holder’s performance, with critical skills and unique experience that set them apart from U.S. workers, can qualify for a P-1 or P-3 Visa, respectively. This allows said support personnel to accompany a P Visa holder throughout their stay in the United States, because their continued contribution is needed to ensure the successful completion of the project or production.

Can a P Visa Lead to Residency (Green Card)?

Yes, there are various ways to move from a P visa to a Green Card. Generally, one would do this through, first, obtaining an O-1 (Talent) Visa, which is more challenging to obtain than a P visa, but allows its holder to stay for a longer period of time in the U.S. and apply for Residency (a Green Card) at the same time.

One would then apply for an Extraordinary Ability Green Card through the EB-1A program. This has similar requirements to the O-1 Visa but requires a more sustained period of excellence within a field and holds the applicant to an even higher standard.

Note: some P visa holders can qualify and apply for an EB-1A (Green Card) directly.

Can Azadi Law act as my sponsor?

Good news - yes, we can! If an artist/entertainer wishes to work with various companies or organizations in the United States (as opposed to just one), they can choose to be petitioned (sponsored) by an agent. Azadi Law P.A. is qualified to act as a filing agent - an intermediary between the applicant and the companies they intend to work with in the U.S.

Note: this service requires an additional charge. However, we do not take a percentage of your earnings like a traditional agent, manager or label would.

Application Process

*You should hire a qualified immigration attorney before beginning any P visa application, to ensure every step of the process is carried out and documented correctly.

1) One or more employer(s), organization(s), or agent(s) will present you with a job offer in the United States, with the start date being within a year of the offer. Then, you will get in touch with us to determine your qualifications and visa type.

2) Together, we will evaluate whether we believe you meet the requirements for a P Visa. If you do, you will begin gathering the necessary evidence to submit your application. We will also obtain a written consultation from an appropriate labor organization on your behalf, supporting your case (as required by USCIS).

3) Once we have collected all necessary proof, your employer/agent and immigration attorney will petition a P Visa for you, submitting all of the required evidence, a copy of your employment contract(s), and a thorough explanation of the time scale and nature of the events/activities/work you are being hired to carry out.

4) An interview will then be scheduled at a foreign U.S. Embassy, which you must attend. Here at Azadi Law, we make sure you feel 100% confident and prepared for your interview. Your attorney will send you a copy of your file, a list of sample interview questions, and will schedule a mock interview to prepare you for the real thing.

Note: this step is not necessary if you are filing a change of status from inside the U.S (usually recommended if you are in a rush and do not need to travel outside of the United States).

Any further questions? Please don’t hesitate to contact us! With exceptional knowledge and insight into US visa application protocol, Azadi Law P.A. provides artists and entertainers with all of the legal services, advice, and support they require when applying for a P Visa.

+ EB-1 A Visa. Residency due to extraordinary ability/talent.

EB-1 Visas provide a pathway to permanent residency in the U.S. for qualified foreign professionals who fall into the category of “priority workers”. There are 40,000 visas available annually under this category.

The EB-1A Visa is for those who demonstrate extraordinary ability and talent in their field. EB-1A Visas are often a next step for O-1 visa holders, but they can also be applied for directly.

Are you interested in an EB-1A Visa and want to know more? Keep reading…

Benefits of an EB-1A Visa

An EB-1A Visa is extremely beneficial in the sense that it provides a direct pathway to Legal Permanent Residency (a Green Card) through an adjustment of status. This is usually the case, as long as the visa holder is shown to be of good moral character, has a clear criminal record (although past offenses can sometimes be pardoned through other processes) and doesn’t pose a national security threat.

Another significant advantage of an EB-1A Visa is the lack of labor certification requirement, compared to other Visas; obtaining a labor certification through the PERM process can be both expensive and time-consuming.

EB-1A Visa applicants are also permitted to apply for other visas under different categories in parallel to their EB-1A applications, while this is pending.

Finally, a particular benefit of the EB-1A Visa is the fact that a permanent U.S. job offer from a U.S. employer is not needed - the applicant simply has to demonstrate that they are going to continue working in their specialist field upon arriving in the U.S. Thus, it is possible to self-petition, which is often a quicker and easier process.

Who Can Accompany Me?

An approved applicant’s spouse and any unmarried children under the age of 21 (dependents) may be eligible to apply for an E-14 or E-15 immigrant Visa to accompany the EB-1 Visa holder.

EB-1 A (EB1-1) Visa

Are you an O-1 Visa holder or can you demonstrate extraordinary ability in your field (including sports, business, science, education, arts, film or television), through sustained national or international acclaim?

Can you prove that you are moving to the U.S. to pursue work in your specialist field and that, due to your exceptional ability, your work will be of benefit to the United States?

You may qualify for an EB-1 A Visa.

To obtain an EB-1 A Visa, applicants need to be able to provide supporting documentation (extensive proof) to show they meet at least 3 of the following 10 fundamental criteria:

• The applicant has received a nationally or internationally recognized award/prize for excellence in their field (or has “coached” someone to win such a prize).

• The applicant is a member of an “elite” professional association/organization with specific membership standards and requirements.

• The applicant or the applicant’s work has been the subject of a feature in a major well-known publication or a high-profile, industry-specific trade publication.

• The applicant has, either individually or as part of a panel, served as a judge of others in their field of expertise (as long as this is not part of their regular job description).

• The applicant receives or has received a high salary (significantly above average) for their services in the field.

• The applicant has been previously employed by an organization with a distinguished reputation, in a leading or critical capacity.

• The applicant has made an original scientific, academic or business contribution of major significance to their field (e.g. research).

• The applicant has written scholarly articles and had them published in professional journals or trade publications.

• The applicant has performed as a lead or starring participant in a production or event with a distinguished reputation, as evidenced by reviews from critics, endorsements, advertisements, publicity releases, television or radio interviews etc.

• The applicant has had major commercial or critically acclaimed success, as evidenced by noteworthy television ratings, box office receipts, standing in the field, etc.

As mentioned above, applicants who qualify for an EB-1 A Visa can self-petition if they meet the above-mentioned criteria.

Application Process

*In ALL cases (whether or not self-petitioning is an option), for an EB-1 A Visa application, you should hire a qualified immigration attorney before beginning this process. It is essential that every step of the process is carried out and documented correctly.

1) Check if you meet the requirements for an EB-1 Visa.

2) Collect and submit supporting documentation (proof) of this to your employer and/or immigration attorney.

3) In the case of an employer-sponsored application, a U.S. employer will petition your EB-1 Visa by filing a USCIS Form I-140, submitting evidence, a copy of your employment contract, and an explanation of the time scale and nature of the work you are being hired to carry out. The petitioning employer must also be able to demonstrate a continuing ability to pay the wage stated in your employment contract.

In the case of self-petitioning, your immigration attorney will guide you through the filing process for Form I-140.

4) Applying for an EB-1 Visas is possible through consular processing, from abroad, or through an adjustment of status from within the U.S.

In the case of consular processing, an interview will be scheduled at a foreign U.S. Embassy, which you will need to attend. Here at Azadi Law, we make sure you feel 100% confident and prepared for your interview. Your attorney will send you a copy of your file and a list of sample interview questions. They will then schedule a mock interview with you, in order to prepare you for your real EB-1 Visa Interview.

This step is not necessary if you are filing a change of status from inside the U.S., which is usually recommended if you are in a rush and do not need to travel outside of the United States during the estimated visa processing time.

Any further questions? Don’t hesitate to get in touch with us, we’ll be happy to help!

With exceptional knowledge and expert insight into US visa application protocol, Azadi Law P.A. provides extraordinarily talented professionals with all of the legal services, advice and support they require when applying for an EB-1 A Visa. Contact us today for your first consultation!

+ EB-2 C (NIW) Visa. Residency for professionals in the national interest.

The EB-2 visa is a U.S. visa for foreign professionals who either hold an advanced degree (master’s degree, equivalent, or higher) or have exceptional professional ability in their field. Applicants who meet these requirements can apply for an EB-2 (A) or (B) visa, both of which require a job offer from a U.S. company, OR an EB-2 (C) visa, where a national interest waiver (NIW) is granted in place of a job offer, if it can be proven that the applicant’s proposed endeavor within the United States would greatly benefit the economic, welfare, cultural, environmental, or educational interests of the country.

Benefits of an EB-2 (NIW) Visa

An EB-2 (NIW) visa is extremely beneficial in the sense that, once this visa has been granted, it is essentially a direct pathway to Legal Permanent Residency (a Green Card) through a subsequent adjustment of status (AOS) or Consular Process. This is usually the case, as long as the visa holder is shown to be of good moral character, has a clear criminal record (although past offenses can sometimes be pardoned through other processes) and doesn’t pose a national security threat.

National Interest Waivers are particularly appealing due to the fact that they are often quicker than other EB-2 processes and do not require an official job offer from a U.S. company; the applicant can self-petition, which is helpful in many cases.

Other benefits of EB-2 visas are the lack of nationality restrictions - meaning applicants who are ineligible for certain other visas are free to apply - and the wide range of qualifying professions.

Which Professions Qualify?

While the qualifying professions for EB-2 visas are not strictly defined, applicants with exceptional ability in the fields of science, arts, and business tend to be most sucessful. Over the years, the Azadi Law team has obtained NIW approvals for doctors, writers, pilots, athletes, scientists, trainers, journalists, entrepreneurs, economists, attorneys, and more.

How do I know if I have "exceptional professional ability" in my field?

To officially meet this requirement, one has to show that they have a considerably higher than average level of knowledge/skill, with at least three of the following:

• An official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning related to your area of ​​exceptional ability.
• Letters documenting at least 10 years of full-time experience in your occupation.
• A license to practice your profession, or certification for your profession/occupation.
• Evidence that you have received a high salary or other remuneration for your services, thereby demonstrating your exceptional ability.
• Membership in a professional association(s).
• Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or trade organizations.
• Other comparable evidence of eligibility.

Who Can Accompany Me?

An EB-2 (NIW) visa holder’s spouse and any unmarried children under the age of 21 (dependents) should be eligible to apply for an immigrant visa to accompany them.

Do You Believe Your Work is of National Interest to United States? You may qualify for an EB-2 (C) National Interest Waiver!

An applicant must demonstrate all three of the following criteria to qualify for this visa:

1. The foreign national’s proposed endeavor has both substantial merit and national importance.

2. The foreign national is well-positioned to advance the proposed endeavor.

3. On balance, it would be beneficial to the U.S. to waive the job offer and labor certification requirements of the EB-2 category.

To explain how these criteria really work in practice, let us take you through them.

1. The foreign national’s proposed endeavor has both substantial merit and national importance.

The aim is to demonstrate that the United States is significantly lacking something within your professional field; perhaps there is a shortage of specialized professionals in your area, or a growing demand for a specific type of service. Essentially, demand/a gap in the market must be identified, so that we can go on to demonstrate that you can meet this demand, based on your professional ability and qualifications.

Detailed research by your attorney is required in order to meet this criterion. At Azadi Law, we will look at reputable publications and industry-specific data (statistics) that demonstrate the need for your services, or professionals of your caliber, in the United States at this time. We will also consider whether there are any current government incentive programs related to your industry, or whether any relevant executive orders have been recently passed which could help your case. Furthermore, we will collect letters from experts in the field who will attest to the merit and importance of your proposed area of work in the United States.

2. The foreign national is well-positioned to advance the proposed endeavor.

This criterion is about demonstrating that you are fully set up and ready to go, for whenever your NIW application may be approved. We will prove this to USCIS in different ways, depending on your intentions once you get to the United States - whether you intend to set up your own business, work as an independent contractor, or both.

For both scenarios, we will present proof of the credentials and qualifications that make you an ideal candidate to carry out your proposed endeavor; these may include an advanced degree, x years of professional experience in your field, a previous high-level salary, professional licenses, certificates, prizes or memberships you may hold, as well as evidence of previous national interest contributions in your home country.

If you plan to start your own business, we will help you to formally set up your U.S. company (to provide evidence to USCIS of your company’s registration) and create a detailed Business Plan. We may include letters of intent from U.S. professionals expressing their desire to invest in your business. It is also important to provide proof of sufficient funds (in the form of U.S. bank statements) to get your proposed endeavor up and running.

If you plan to work as an independent contractor, it is essential to source letters of interest from reputable professionals in your field, expressing their wish to work with you once you have arrived in the United States. Note: these letters are not binding contracts, job offers or sponsorships; if your situation changes, there is no official penalty for not complying with the stipulations in a letter of interest. However, these should be realistic, as they will act as proof that there is legitimate U.S. interest in your services.

3. On balance, it would be beneficial to the U.S. to waive the job offer and labor certification requirements of the EB-2 category.

For this, we must prove to USCIS that either the applicant has set up their own business in the U.S., or that they will be operating as an independent contractor, meaning it does not make sense for them to obtain a Labor Certification which would tie them down to one specific, full-time role in one specific company.

We will also provide evidence attesting to the urgency of the applicant’s proposed endeavor, demonstrating that their important national interest contribution should begin as soon as possible.

Obtaining a Green Card based on an Approved NIW

Once your EB-2 (NIW) visa has been approved, the next step is to apply for Permanent Residency (a Green Card) via either an Adjustment of Status from within the United States (if you have legal status to be present in the U.S.) or a Consular Process from outside of the United States (at the U.S. Embassy in your home country).

If you apply via an Adjustment of Status, you can apply for a work permit, travel permit and social security number at the same time. In some cases, depending on which visas are “current” on the visa bulletin, you may even be able to apply for Permanent Residency at the same time as you apply for your EB-2 visa, which can save a lot of time.

Azadi Law P.A. has years of experience skillfully and successfully obtaining NIWs (EB-2 C visas) for our valued clients. If you have any further questions about the NIW application process, please don’t hesitate to get in touch with us; our team will be happy to help you.

+ EB-2 A or B (PERM) Visa. Residency for professionals with an employment offer.

The EB-2 visa is a U.S. visa for foreign professionals who either hold an advanced degree (master’s degree or equivalent, or higher) or have exceptional professional ability in their field. Applicants who meet these requirements can apply for an EB-2 (A) or (B) visa, both of which require a job offer from a U.S. company and involve a Labor Certification (PERM) process, OR an EB-2 (C) visa, where a National Interest Waiver is granted in place of a job offer (see EB-2 NIW Information).

Benefits of an EB-2 (PERM)

An EB-2 (PERM) is extremely beneficial in the sense that, once the visa has been granted, it is essentially a direct pathway to Legal Permanent Residency (a Green Card) through a subsequent adjustment of status (AOS) or Consular Process. This is usually the case, as long as the Visa holder is shown to be of good moral character, has a clear criminal record (although past offenses can sometimes be pardoned) and doesn’t pose a national security threat.

Other benefits of EB-2 (PERM) visas are the lack of nationality restrictions - meaning applicants who are ineligible for certain other visas are free to apply - and the wide range of qualifying professions.

What Types of Professions Qualify for this Process?

Although the professions that qualify for EB-2 Visas are not explicitly defined, applicants with exceptional ability within the fields of science, arts or business tend to have the most success. Feel free to contact us to ask whether your particular profession would be a good fit for this process.

Who Can Accompany Me?

An approved applicant’s spouse and any unmarried children under the age of 21 (dependents) should be eligible to apply for an immigrant Visa to accompany the EB-2 Visa holder.

What is a Labor Certification?

The process of obtaining a labor certification through the U.S. Department of Labor is carried out by the petitioning company (employer) looking to hire a foreign applicant, using a system called PERM. The aim of this certification is to gain proof that the foreign worker applying for their visa is the very best fit for the job, due to their specific training, past studies, specialist knowledge etc.

What are the Necessary Conditions of my Job Offer?

The job offered by your sponsoring employer must be:

• based in the United States.
• a permanent, full-time position (at least 35 hours per week).
• a true (bona fide) position within the beneficiary’s field of expertise. The job offered must be clearly relevant to your previous professional experience and/or academic qualifications.

What is Required from the Employer who will Sponsor Me?

Your employer must:

• be based in the United States.
• be willing to sponsor your immigration process and pay the corresponding legal fees.
• demonstrate that their business is operational and profitable.
• demonstrate their ability to pay the “prevailing wage” for the position offered (a wage equal to or more than the minimum wage normally offered for said position). Employers can prove this through providing tax returns, financial statements, and an organizational chart for the most recent year.
• exhaust at least three of the ten acceptable recruitments efforts, in good-faith, to hire a qualified US worker for the position offered (e.g. publishing job announcements, conducting interviews if relevant, etc.).

Here at Azadi Law, our team will work with you and your sponsoring employer to carry out this process, from start to finish; we will help to develop the proper language for job advertisements, help decide which of the 10 recruitment efforts will be most appropriate, review any job applications received in response to these efforts, and draft all documents and letters to be signed by your company personnel.

We will then file your Labor Certification application with the DOL. Under normal circumstances, this certification will be granted to subsequently send to USCIS along with your visa application. Occasionally, the DOL requires an interim step called an “audit”, if additional information, documentation or supervised recruitment is required.

Once granted, a labor certification remains valid on the following conditions:

• the foreign worker continues to work for the same employer.
• the foreign worker continues to work at the same location.
• the foreign worker continues to do the same job.

Any significant changes in the above conditions, made between the time the labor certification is granted and the applicant’s legal permanent residence is approved, are likely to invalidate the labor certification, thus making your entire application invalid. Therefore, if you are contemplating these kinds of changes, it is advisable to make them before starting the labor certification process.

Do You Hold an “Advanced” Degree (at least Master’s or Equivalent)?

You may qualify for an EB-2 (A) Visa! The following is generally required:

• A master’s degree or doctorate, or the equivalent (such as a baccalaureate degree) followed by substantial professional experience in a given field, normally a minimum of 5 years; the aim is to show advanced knowledge of a field obtained by a prolonged course of specialized studies.
• A confirmed job offer in the U.S. which specifically requires your qualifications.
• You must be working as a member of your specialized profession at the time the relevant U.S. employer hires you and initiates your application process.
• You must be able to provide documents to prove of the above (e.g. academic records, letters from your current job, a valid U.S. job offer)

Do You Have Exceptional Ability in Your Field (Sciences/Arts/Business)?

You may qualify for an EB-2 (B) Visa! The following is generally required:

• Greater ability than most within a given field, with at least 10 years of professional experience in that field.
• A confirmed job offer in the U.S. which specifically requires your qualifications.

• Evidence to show you meet three of the following criteria:

  o Holder of an academic qualification in your field of exceptional ability (through official academic records).

  o At least 10 years of full-time professional experience (through letters documenting this).

  o A high-level salary to demonstrate your exceptional ability (evidence of this).

  o Holder of a professional license or certification, if relevant.

  o Member of professional association(s) in your field.

  o Winner of Prize(s)/Award(s) that show recognition of your achievements and significant contributions to the field (awarded by professional organizations, government entities, peers, etc.).

  o Equivalent suitable evidence of your exceptional ability.

Obtaining a Green Card based on an approved PERM

Once your EB-2 (PERM) has been approved, the next step is to apply for Permanent Residency (a Green Card) via either an Adjustment of Status from within the United States (if you have current legal status) or a Consular Process from outside of the United States (at the U.S. Embassy in your home country).

If you apply via an Adjustment of Status, you may also apply for a work permit, travel permit and social security number at the same time. In some cases, depending on which visas are “current” on the visa bulletin, you may even be able to apply for Permanent Residency at the same time as you apply for your EB-2 visa, which can save a lot of time.

Here at Azadi Law, we have successfully helped numerous eligible applicants obtain EB-2 (PERM) visas. If you beileve you may be eligible and would like to discuss your specific case further or ask questions, please don’t hesitate to get in touch. Schedule your first consultation today!

+ EB-3 Visa. Residency for workers with an employment offer.

The EB-3 visa is a U.S. visa for:

a) skilled workers (people whose jobs require a minimum of 2 full years of training or experience - higher education counts in some cases)

b) professionals (people whose job requires at least a U.S. bachelor’s degree, baccalaureate qualification or foreign equivalent).

c) other workers (people performing unskilled labor which requires less than 2 years of training, experience or education).

Whichever category you may fall into as a visa applicant, a permanent, full-time U.S. job offer is required, as well as a labor certification.

What is a Labor Certification?

The process of obtaining a labor certification through the U.S. Department of Labor is carried out by the petitioning company (employer) looking to hire a foreign applicant, using a system called PERM. The aim of this certification is to gain proof that the foreign worker applying for their visa is the very best fit for the job, due to their specific training, past studies, specialist knowledge etc.

What are the Necessary Conditions of my Job Offer?

The job offered by your sponsoring employer must be:

• based in the United States.
• a permanent, full-time position (at least 35 hours per week).
• a true (bona fide) position within the beneficiary’s field of expertise. The job offered must be clearly relevant to your previous professional experience and/or academic qualifications.

What is Required from the Employer who will Sponsor Me?

Your employer must:

• be based in the United States.
• be willing to sponsor your immigration process and pay the corresponding legal fees.
• demonstrate that their business is operational and profitable.
• demonstrate their ability to pay the “prevailing wage” for the position offered (a wage equal to or more than the minimum wage normally offered for said position). Employers can prove this through providing tax returns, financial statements, and an organizational chart for the most recent year.
• exhaust at least three of the ten acceptable recruitments efforts, in good-faith, to hire a qualified US worker for the position offered (e.g. publishing job announcements, conducting interviews if relevant, etc.).

Here at Azadi Law, our team will work with you and your sponsoring employer to carry out this process, from start to finish; we will help to develop the proper language for job advertisements, help decide which of the 10 recruitment efforts will be most appropriate, review any job applications received in response to these efforts, and draft all documents and letters to be signed by your company personnel.

We will then file your Labor Certification application with the DOL. Under normal circumstances, this certification will be granted to subsequently send to USCIS along with your visa application. Occasionally, the DOL requires an interim step called an “audit”, if additional information, documentation or supervised recruitment is required.

Once granted, a labor certification remains valid on the following conditions:

• the foreign worker continues to work for the same employer.
• the foreign worker continues to work at the same location.
• the foreign worker continues to do the same job.

Any significant changes in the above conditions, made between the time the labor certification is granted and the applicant’s legal permanent residence is approved, are likely to invalidate the labor certification, thus making your entire application invalid. Therefore, if you are contemplating these kinds of changes, it is advisable to make them before starting the labor certification process.

Who Can Accompany Me?

An approved applicant’s spouse and any unmarried children under the age of 21 (dependents) may be eligible to apply for either an immigrant Visa, to accompany the EB-3 Visa holder.

Application Process

*Any EB-3 applicant should hire a qualified immigration attorney before beginning this process. It is essential that every step of the process is carried out and documented correctly.

1) Check if you meet the requirements for an EB-3 Visa.

2) Collect and submit supporting documentation (proof) of this to your employer and/or immigration attorney.

3) Obtain an approved Application for Permanent Labor Certification from the U.S. Department of Labor.

4) File Form I-140, submitting evidence, a copy of your employment contract, and an explanation of the time scale and nature of the work you are being hired to carry out.

5) Receive notice of receipt of your application.

Applying for an EB-3 Visa is possible through consular processing (from abroad), or through an adjustment of status (from within the U.S.). In the case of consular processing, you will need to attend an interview at a foreign U.S. Embassy. At Azadi Law, we make sure you feel 100% confident and prepared for your interview; your attorney will send you a copy of your file and a list of sample interview questions, as well as scheduling a mock interview with you, to prepare you for the real thing.

If you file a change of status from inside the U.S. (usually recommended if you are in a rush and do not need to travel outside of the United States during the estimated visa processing time), an interview is not required.

Contact us today to schedule your first consultation!