Attorneys and foreign nationals are reporting that US consular officers in Europe are denying O-1 visas for individuals who “possesses extraordinary ability” or a “demonstrated record of extraordinary achievement” based on the March 11, 2020, presidential proclamation (PP 9993) that restricted travel to the US from the Schengen Area, which includes twenty-six European countries. This March 11 proclamation stated: “The entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the Schengen Area during the 14-day period preceding their entry or attempted entry into the United States is hereby suspended and limited.” (Other proclamations enacted similar travel restrictions for other countries including England, Scotland, Wales, Northern Ireland, and the Republic of Ireland, as well as Brazil.)
Read moreUSCIS Resumes Premium Processing for I-129 and I-140 Petitions In Phases Beginning June 1
US Citizenship & Immigration Services (USCIS) today announced that the agency will resume premium processing for Form I-129, Petition for a Nonimmigrant Worker, and Form I-140, Immigrant Petition for Alien Workers, in phases over the next month. On March 20, USCIS previously announced the temporary suspension of premium processing for all Form I-129 and I-140 petitions due to the coronavirus (COVID-19) pandemic.
Read moreCan I Freelance on My Nonimmigrant Visa? Limitations and Opportunities in the US Immigration System
It is more and more common for people to want to structure their careers free from the ties of a standard employer/employee relationship. What used to be the standard nine-to-five job with the same employer is becoming less and less suited to the new ways that people work. For many people who work in the arts especially, working on projects for multiple employers is the best way to structure their work. However, doing myriad projects for multiple clients or employers can be challenging under the current immigration system and visa structures. While the US has a clear interest in protecting US workers and ensuring foreign nationals do not come to the US without actual work lined up, the immigration system fails to properly allow for the increasing trend of people working under a freelance model.
Read moreForbes: “Congress Asks USCIS To Explain Immigration Delays And Denials.”
Congress raised concerns about the rising delays and unjustified denials of various visa types at the U.S. Citizenship and Immigration Service (USCIS), during a House Judiciary Committee oversight hearing on July 16, 2019. Representative Zoe Lofgren (D-CA), chair of the House Judiciary Committee’s Subcommittee on Immigration and Citizenship, specifically highlighted inefficiencies regarding changes in processing, noting their impact on students experiencing significant delays for Optical Practical Training (OPT).
Read moreThe Aftermath of the H-1B Fiscal Year (FY) 2020 Visa lottery: Next Steps and Alternatives
US Citizenship & Immigration Services (USCIS) have announced the lottery results for this year’s H-1B cap (Fiscal Year 2020) with USCIS reporting that it received 201,011 H-1B petitions. Additionally, the agency announced last week that they completed data entry for all FY 2020 H-1B cap-subject petitions selected (including master’s cap cases), which means they will be sending receipt notices for those cases selected and returning those cases not selected.
Read moreThe O-1 Visa: Top 10 Misconceptions
We originally published this post back in 2013 (as 5 misconceptions), and it has consistently ranked as one of our most read posts. And for good reason: the O-1 visa category is one of the most popular, especially for those who work in the arts, design, and film and television (although, as we discuss below, the O-1 can be a good option for all sorts of professions and industries). Since it’s been a number of years, we wanted to add some updates and clarifications and, yes, a few more misconceptions that often come up for foreign nationals who already have an O-1 or are interested in obtaining this visa type . - Protima
1. The O-1 is a “freelance” visa
There is no such thing as a “freelance” work visa in the United States. With very few exceptions, nearly every work visa in the US must be sponsored by a legal and operating US company or agency.
Read moreSo You Wanna Work in America?
The Topic, a new entertainment and storytelling studio from First Look Media, has a quiz that might be helpful and informative for those looking to work in the US or at the very least want to learn more about the requirements and what might disqualify applicants. The flow chart begins with some “light questions first” including “Have you ever been convicted for using drugs?” and “Have you ever been caught visiting a prostitute?” and, referencing Trump’s travel ban, also asks, “Hey, you’re not from Iran, Yemen, or Syria, are you?” The quiz goes on to discuss eligibility for various work visas and Green Cards including the O-1, H-1B, L-1, and seasonal employment. Go on, see how far you get.
USCIS Now Accepting Copies of Negative O Visa Consultations Directly from Labor Unions
US Citizenship & Immigration Services (USCIS) announced that effective immediately the agency will now accept copies of negative consultation letters directly from labor unions relating to O nonimmigrant visa petition submissions. In general, USCIS requires consultation letters from a US peer group, labor organization, or management organization for O petitions. Usually, the petitioner submits the necessary O visa consultation with the petition. While that requirement remains unchanged, labor unions should now send copies of negative O nonimmigrant consultation letters to UnionConsultationMailbox@uscis.dhs.gov.
Read moreDance Magazine: “Is the US Government Cracking Down on Artists’ Visas?”
Throughout the past year, dancers and US-based theatre companies have been experiencing delays and denials in attempts to obtain approvals for performances in the US. In late March, the Joyce Theater's annual gala performance had to include a last-minute substitution after two Paris Opéra Ballet dancers were unable to obtain visas. "It was a shock," Linda Shelton, executive director at The Joyce Theater, tells Dance Magazine. "In all 25 of my years here, I think we'd only been turned down once before. That was ages ago and we already had a feeling that dancer wouldn't be approved anyway, because of an issue with their passport. This was just a big, big surprise." Then, less than a month later, visa petitions for Bolshoi Ballet stars Olga Smirnova and Jacopo Tissi to perform at the Youth America Grand Prix gala were denied. Last year, South Korea's Bereishit Dance Company had to cancel a performance because of similar issues.
Read moreVisas for Musicians
Musicians and musical artists come to the United States from all over the world. How they may enter and using which visa depends on a number of factors, and some may be surprised as to the many restrictions in place for musicians who would like to play and perform in the US. The issues relating to visas for musicians appeared in headlines throughout major media in 2017, when a number of musicians attempting to travel to the US to perform at the South by Southwest festival in Austin, Texas were not allowed entry. Many of these artists attempted to enter the US on B visas, or through the Visa Waiver Program. While it might be possible in certain situations for musicians to enter in the US under these options, a variety of other visa categories are available that may indeed be a better choice for those who wish to come to the US to play music, depending on a number of factors. Some of the possible visa categories for musicians are: O visas, P visas, the Q-1 visa, and B visa, all of which we will discuss in this post.
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