O1 Visa: Requirements and Qualifications

The O-1 Visa program is commonly used to allows highly talented or accomplished individuals to visit the United States for a limited period of time. In the following article, we lay out the qualifications for the visa and the process for obtaining it.

Qualifications for an O-1 Visa

The O-1 Visa program is a non-immigrant visa provided to foreigners of extraordinary ability in the following fields:

• O-1 A: Science, Education, Business, or Athletics

• O-1B: Extraordinary ability in the Arts or achievement in the motion picture or television industry.

The visa program also includes the following accompanying visas:

• O-2: Individuals accompanying O-1 holder to assist in specific events or performance.

• O-3: Spouses and children of O-1 and O-2 Visa holders.

The visa is connected to employment in the United States.

The individual seems to come to the US for a qualifying event, such as “an activity such as, but not limited to, a scientific project, conference, convention, lecture, series, tour, exhibit, business project, academic year, or engagement.” In the absence of a specific event, this definition may include a job if the job is within the individual’s area of extraordinary ability.

The visa applicant must establish her extraordinary ability in the sciences, education, business, and athletics through at least three of the following types of evidence:

• Receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
• membership in associations in the field of endeavor which require outstanding achievements of their members, as judged by recognized national or international experts in their fields;
• Publications in professional or major trade publication or in the major media about the alien and relating to the alien's work in the field of endeavor;
• Evidence of participation as a judge (individually or as a part of a panel) of the work of others in the alien's field;
• Evidence of scientific, scholarly, or business related contributions of major significance in the field of endeavor;
• Evidence of authorship of scholarly articles in the field, in professional journals or other major media;
• Evidence of performance in a critical or essential capacity for organizations or establishments with distinguished reputations;
• Evidence of having commanded a high salary or other significantly high remuneration for services in relation to others; and
• Other comparable evidence 

The visa applicant must establish “distinction” in her field of the arts, motion pictures, or television, to the following extent:

• Achievement evidencing a degree of skill and recognition substantially above that ordinarily encountered to the extent that the person is described as prominent, leading, or well-known in the field of arts;
• Accomplishment of a degree of skill and recognition significantly above that ordinarily encountered to the extent that the person is recognized as outstanding, notable, or leading in the industry. This can be done through at least three of the following types of evidence:
• Having been or will be performing a lead or starring role in productions or events which have a distinguished reputation (as evidenced by critical reviews, advertisements, press releases, publications contracts, or endorsements;
• Critical reviews or other published material in professional or major trade publication or in the major media by or about the alien which show that the alien has achieved national or international recognition or achievements;
• Evidence of performance in a lead, starring or critical role for organizations or establishments with distinguished reputations;
• Evidence of a record of major commercial or critically acclaimed successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales;
• Evidence of significant recognition for achievements form organizations, government agencies, or other recognized experts in the field;
• Evidence of having commanded a high salary or other significantly high remuneration for services in relation to others; and
• Other comparable evidence.

<H2>Requirements for Obtaining an O-1 Visa</h2>

The O-1 is filed on behalf of the beneficiary by either by:

• US Employer

• US Agent

• Foreign Employer through a US Agent

The O-1 is deal intent, means that it allows the Q-1 Visa holder to seek permanent resident status while in the US on the O-1 Visa.

The O status visas allow residency for up to 3 years from the date of approval. The visa terminates when requested by the holder, the date the USCIS deems necessary to complete the specified work-related event or event cited in the Visa. If longer than 3 years is needed, the USCIS can grant extensions in 1-year increments.

There is a specific process the USCIS must go through in order to verify the alien’s eligibility for O status. The employer must first make a job offer to the Vis applicant tied to the extraordinary ability or achievement. This is normally documented through a written employment contract.

The first step in an O petition process is obtaining an advisory opinion from an appropriate consulting entity, such as a peer group, labor organization, or management organization. The advisory opinion is to state whether the alien qualifies as an alien of extraordinary ability as provided above and whether such extraordinary abilities are required for the activities to be undertaken by the alien.

If the alien is seeking an O-1B visa (for an individual with extraordinary achievement in motion pictures or television), the consultation must come from an appropriate labor union and a management organization with expertise in the beneficiary’s area of ability.

If no advisory opinion is included, the petitioner must include:

• Evidence that an appropriate consulting entity does not exist;
• A request for expeditious handling; or
• A request for a waiver of the consulting requirements.

Note, an advisory letter is not required under the following circumstances:

• An expeditious handling of the petition is requested (this can only be done in the event of an exigency such as an event that the proposed O-1 alien needs to attend, before an advisory opinion can be obtained);
• An appropriate consulting entity does not exist as established by the petitioner; or
• ONLY for aliens of extraordinary ability in the arts, a waiver of the advisory opinion may be made because a consultation has taken place within the prior two years with regard to a previous admission to render similar services. 

A prospective employer or agent must submit a Form I-129 Petition for Non-Immigrant Worker with an O/P Supplement.

If an alien is already in the U.S. in O-1 status and a new employer wishes to petition for them, the I-129 will also be used to request the necessary extension of stay. The I-129 petition will be filed with the service center that has jurisdiction in the area where the alien will work or the service center servicing one of the petitioner’s locations.

If the beneficiary will work concurrently for more than one employer during the same time period, each
employer must file a separate petition with the service center that has jurisdiction over the area where the alien will perform services.

If the O-1 changes employers, the new employer must file a petition with the USCIS service center that has jurisdiction over the new place of employment. 

If an O-1 petition is being filed by a U.S. agent on behalf of multiple employers:

• The supporting documentation must include a complete itinerary of the event or events.
• The itinerary must specify the dates of each service or engagement, the names and addresses of the actual employers, and the names and addresses of the establishments, venues, or locations where the services will be performed.
• The contracts between the employers and the beneficiary must be submitted, and
• The agent must explain the terms and conditions of the employment and provide any required documentation.

Additionally, the petition must include:

• A company letter from the petitioning employer supporting the petition;
• Supporting Documentation to establish that the alien qualifies as an alien of extraordinary ability and that the alien is going to be employed in activities using his extraordinary abilities.; and
• Filing fee of $325.00
• Once the petition is granted, the foreign applicant must then visit the US Consulate in her country to receive a stamp on her passport.

The applicant must present:
• Form DS-156 (non-immigrant visa application);
• Passport of the applicant;
• A recent photograph meeting US Department of State requirements;
• Visa Application fee; and
• Approval Notice (Form I-797) of the O Petition and a full copy of the O Petition including all supporting documentation. 

The consular office will conduct an interview to determine if eligibility criteria are met.
If all goes well, the consulate will stamp the applicants visa.

Third-Country 0-1 Visa


In some circumstances an alien may be allowed to obtain their O-1 visa from a U.S. consulate in certain third countries, not their home country or last country of residence. This is known as the Third Country Visa process and it can be beneficial to all non-immigrants. Obtaining visas from the U.S. consulates in Mexico or Canada can sometimes be more convenient than doing so at the U.S. consulate in the applicant’s home country. Most aliens who have never been out of status are eligible to apply for a third country visa. For more information on this topic, please click here.

The initial maximum amount of authorized stay on an initial O visa is technically three years. However, the length of the status is determined by the length of time needed for the alien to perform his duties or activities with the petitioning employer. The USCIS will determine, based on evidence of the work related event or activity, how long O status will be granted to the beneficiary. The alien may thereafter be admitted to the United States up to 10 days before the validity period granted by their status begins and 10 days after the validity period ends. This period may be extended at one-year increments thereafter, upon evidence showing that the alien's continued presence would be required to complete the event or activity for which they were admitted. 

A new consultation and advisory opinion from an authorized peer groupis not required in order to be granted an extension of O status. The petitioning employer needs to only provide a statement explaining the reason for the extension request along with their application. An O petition and/or extension of status by a new employer or for a new position by the same employer is considered a new event, therefore the alien may be approved for a new, 3 year O status. 

The documents necessary for an O-1 extension of stay petition are:
1. Form I-129, Petition for Non-immigrant Worker

2. A copy of the beneficiary’s Form I-94, Arrival/Departure Record

3. A statement from the petitioner explaining the reason for the extension

The beneficiary’s spouse and children must also file a Form I-539, Application to Extend/Change Non-immigrant Status and submit any supporting documents necessary to extend their stay.

Benefits of an O-1 Visa

Benefits of an O Visa 

O-1 status is distinguished from other employment related statuses in that it applies to more types of work than other visa categories, such as H or L. For example, H-1B status is limited to professionals and cannot apply to athletes or entertainers as can O-1 status. In addition, in our experience, many seeking non-immigrant status after the H-1B quota for that fiscal year has already been reached will apply for O-1 status, if they qualify. One of the benefits of the O visa is that it does not have an annual quota. For more information on the H-1B visa program, please click here. 

Another important benefit of O-1 status is that it is a viable status to seek for aliens subject to the two-year foreign residency requirement of the J-1 exchange visitor program. Many people who hold or have held J-1 or J-2 status are not permitted to obtain an H or L visa status until they and/or the primary J-1 status holder has spent two years in their home country after the expiration of the J-1 status or a waiver of the two-year residency requirement is obtained. These individuals may obtain O status without fulfilling the two-year residency requirement or getting a waiver of the requirement. In such cases however, the alien may not change status to O-1 in the United States, but must obtain an O-1 visa either in the home country after their O-1 application is approved by the USCIS. For more information on the J-1 exchange visitor program, please click here.





How does one qualify for O-1 Status? 

Qualifications for O-1 status vary depending on the area of work, i.e. arts, sciences, etc.


There are very few scenarios where someone seeking O-1 status would already be in the United States (and thus using a Change of Status petition). In most situations the alien will need to obtain their O-1 visa at a U.S. consulate abroad. While the USCIS may have approved their O petition, they will need a valid visa stamp on their passport in order to be allowed entry when they arrive in the United States. Once their O Petition has been approved, the alien beneficiary may apply for an O-1 Visa at a U.S. consulate in their home country, or certain third countries.

The documents and information needed when the alien is applying for an O-1 visa are:
1. Form DS-156 (non-immigrant visa application); 

2. Passport of the applicant; 

3. A recent photograph meeting the Department of State requirements;

4. Visa application fee ($325.00); 

5. Approval Notice (Form I-797) of the O Petition and a full copy of the O Petition including all supporting documentation. 

Once the Consular Office has received a visa application, they will notify the beneficiary when it is time for an interview to take place. The beneficiary will then schedule their applicant interview at the U.S. consulate, where it will be determined if the beneficiary is eligible for an O-1 visa. After being granted their visa, the alien will get a stamp on their passport which they must present unopened upon their arrival in the United States. Customs and Border Protection at the border or port of entry will then, if they so choose, admit the alien to the United States on their O-1 non-immigrant status.

In some circumstances an alien may be allowed to obtain their O-1 visa from a U.S. consulate in certain third countries, not their home country or last country of residence. This is known as the Third Country Visa process and it can be beneficial to all non-immigrants. Obtaining visas from the U.S. consulates in Mexico or Canada can sometimes be more convenient than doing so at the U.S. consulate in the applicant’s home country. Most aliens who have never been out of status are eligible to apply for a third country visa. For more information on this topic, please click here.


The initial maximum amount of authorized stay on an initial O visa is technically three years. However, the length of the status is determined by the length of time needed for the alien to perform his duties or activities with the petitioning employer. The USCIS will determine, based on evidence of the work related event or activity, how long O status will be granted to the beneficiary. The alien may thereafter be admitted to the United States up to 10 days before the validity period granted by their status begins and 10 days after the validity period ends. This period may be extended at one-year increments thereafter, upon evidence showing that the alien's continued presence would be required to complete the event or activity for which they were admitted. 

A new consultation and advisory opinion from an authorized peer groupis not required in order to be granted an extension of O status. The petitioning employer needs to only provide a statement explaining the reason for the extension request along with their application. An O petition and/or extension of status by a new employer or for a new position by the same employer is considered a new event, therefore the alien may be approved for a new, 3 year O status. 

The documents necessary for an O-1 extension of stay petition are:
1. Form I-129, Petition for Non-immigrant Worker

2. A copy of the beneficiary’s Form I-94, Arrival/Departure Record

3. A statement from the petitioner explaining the reason for the extension

The beneficiary’s spouse and children must also file a Form I-539, Application to Extend/Change Non-immigrant Status and submit any supporting documents necessary to extend their stay. 

Please note that there is no appeal process for a decision by the USCIS to deny an extension of stay petition to an O-1 alien.

What Qualifies as an Event or Activity?

Considering that an O status petition may only be granted or extended for the time period required for a work related event or activity, it is important to understand what the definition of those are. 
And event is defined by federal law as:

An activity such as, but not limited to, a scientific project, conference, convention, lecture series, tour, exhibit, business project, academic year, or engagement. Such activity may include short vacations, promotional appearances, and stopovers which are incidental and/or related to the event. A group of related activities may also be considered to be an event. In the case of an O-1 athlete, the event could be the alien’s contract.


Just like many other kinds of visas, certain dependents of O-1 status holders may travel to the United States with them on an O-3 visa. These nonimmigrants have the same duration of stay as the primary O-1 status holder. Moreover, O-1 holder may bring an assistant or assistants to support their work with a distinctive visa category, O-2.

O-3 Status

Any spouse or children under the age of 21 who wish to accompany an O-1 or O-2 status holder to the United States may be eligible to apply for an O-3 nonimmigrant visa. They are subject to the same period and limitations as the primary O-1 or O-2 alien. These nonimmigrants are not allowed to accept employment unless they have been granted an Employment Authorization Document (for more information on EADs, please click here). 

If the spouse or child is already in the United States on another nonimmigrant classification, they may file a separate change of status application in order to accompany their O-1 or O-2 alien. 

O-2 Status

This non-immigrant status is available to those who will accompany and assist in the artistic or athletic performance of an O-1 alien. To qualify for O-2 status, the alien must be an "integral part" of the actual performance and have "critical skills and experience" with the O-1 alien which are not of a general nature and which cannot be performed by U.S. workers.

In order to qualify for O-2 status, the petitioner must be able to establish that the beneficiary has met the standards necessary to claim their O-2 visa:
1. In order to accompany an O-1 artist or athlete of extraordinary ability, the alien must provide evidence of current essentiality, skills and experience of the O-1 beneficiary and evidence of prior experience working with the principal O-1 alien.

2. In order to accompany an O-1 alien of extraordinary ability in the sciences, education, business, etc., the alien must provide evidence that significant production work has taken place outside the U.S. and will continue in the U.S. and that the alien’s continuing participation is critical to the success of the production.

Additionally, the O-2 beneficiary must maintain a foreign residence that he or she has no intention of abandoning.

Just as with an O-1 petition, consultation with an appropriate peer group that can attest to the O-2 alien’s qualifications and necessity is mandatory before the petition can be approved by the USCIS. The only exception to the consultation requirement would be if the petitioner can demonstrate that an appropriate peer group does not exist. In this situation the petition decision will be based on the evidence on record. 

The petitioning employer must file a petition (Form I-129, Petition for Nonimmigrant Worker) with the USCIS for the O-2 visa in conjunction with the O-1 alien at least 45 days before the start date of employment. Please note that the petitioner may not file the Form I-129 more than one year before the O-1 nonimmigrant will begin employment.


O-1 aliens and their O-3 dependents may change to another status for which they are eligible or adjust their status, be it another non-immigrant status or permanent resident status. However, in some circumstances, an O status holder will not be permitted to change status in the U.S. and must instead seek a visa abroad for the new status through consular processing.

Change to Other Non-immigrant Status (COS)

In order for an alien to be eligible to petition for a COS in the U.S., they:
1. Must have been lawfully admitted into the U.S. as a non-immigrant;

2. Must have not committed any act that would make them ineligible to receive immigration benefits;

3. Must have no other factor that requires them to depart the U.S. prior to making a re-entry based on a different classification (for example, a USCIS officer may determine that they need to obtain a new visa prior to being re-admitted);

4. Must request a COS application before the expiration date of their I-94.

The COS application procedure depends on the non-immigrant status to which the O-1 alien wishes to change.

Obtain Permanent Resident Status

Permanent resident status is generally available to an O-1 alien and any of their O-3 dependents. As with any alien, permanent residency is acquired either through entry into the U.S. on an immigrant visa granted by a U.S. consulate abroad or by adjustment of status in the U.S. through the USCIS. The factors that would prevent an O-1 alien from obtaining an immigrant visa or adjustment of status are those factors that would apply to any alien, such as periods of being out of status or being subject to the J-1 two-year foreign residency requirement. Please note that although an alien subject to the J-1 two-year foreign residency requirement may obtain O-1 status, such a person may not adjust status to permanent resident or get an immigrant visa until the foreign residency requirement has been fulfilled or a waiver of the requirement is obtained. Furthermore, an approved labor certification or a filed immigrant petition will not jeopardize one's O-1 status or ability to obtain an O-1 visa. 

There are important differences between consular processing and adjustment of status that may affect which route the O-1 alien seeking permanent residency status will choose. The time frame for consular processing is much quicker than adjustment of status. From the date an immigrant visa number becomes available, there is an average of 5 to 13 months processing time. Consular processing must take place in the foreign country of residence or country of birth, meaning that the O-1 alien would have to leave the United States until they receive their immigrant visa and can return. However, an alien who chooses to apply for consular processing has no benefits of a work permit and/or advanced parole while their application is processing.

On the other hand, adjustment of status on an employment-based immigrant petition can take up to two years to process. While an alien applies for adjustment of status, he or she may live in the United States at the time of filing their I-485 and can take advantage of work permits and advanced parole while waiting on their petition to be approved. 

NOTE: Those on O-1 status seeking to get an I-485 petition approved should be aware that if they need to travel outside of the United States for any reason, and do not want to abandon their I-485 application, they must apply for and be granted Advanced Parole before they leave the United States. This will allow them to re-enter the country, maintain their legal status, and not lose their immigration petition. 

Besides the opportunity to pursue academic achievements and career development, obtaining a green card is one of the most important goals for many immigrants who come to the United States to seek their dreams. However, the immigration process can be very challenging for most. For instance, Dr. Lin, one of our clients, experienced great uncertainty and concern during his I -140 application process. His case provides many examples of how complicated the immigration process can be and includes an excellent example of how an O-1 petition may be used in conjunction with other status petitions. We present his story here in the hopes that it may offer our clients and readers some helpful insight regarding O-1 petitions, obtaining a green card, and navigating the immigration process.

Note: Any confidential client information has been disguised. 

I. Background 

Dr. Lin is a researcher at a prestigious U.S. institution. He received his B.S degree froma famous university in China and his Ph. D. degree in Chemistry from one of the most prestigious universities in Canada. 

On October 23, 2006, Dr. Lin sent an inquiry email to Attorney Zhang. At that time, Dr. Lin’s EB-1(a) petition, which was filed with the help of another local attorney, had just been denied by the USCIS and his H-1B visa was due to expire ten days later on November 3. As his wife and children were in H-4 status, they would also be out of status if Dr. Lin lost his H-1B status. Disappointed by his previous attorney, Dr. Lin turned to our office for help.

A few minutes after receiving the email from Dr. Lin Attorney Zhang replied and suggested that he email the denial notice from USCIS and his CV to Zhang & Attorneys for a free evaluation. In addition, Attorney Zhang asked Dr. Lin whether he had done RFE process in the petition. 

Dr. Lin replied in one hour with his CV. Attorney Zhang was astonished that his case was denied since he found that Dr. Lin should be qualified for the EB-1(a) based on his academic achievements and contributions to his field. Dr. Lin had published many articles in top journals, including 9 peer-reviewed articles. Furthermore, Dr. Lin was also a member of a very important academic organization and had received many awards and patents.

On October 24th, in order to get to the bottom of why Dr. Lin’s petition was denied, Attorney Zhang asked him to send us the original petition letter, the RFE notice, his response to the RFE and the denial notice. We received all the required documents from Dr. Lin on October 26th. After carefully examining these materials our attorneys came to the conclusion that Dr. Lin was qualified for the EB-1(a) petition. The failure of the original petition was due to a defective strategy and poor arrangement of the documents sent to the USCIS.

II. Options

Our attorneys offered four options to Dr. Lin:
1. Follow the instruction of the USCIS and appeal to the Administrative Appeals Unit (AAU); 

2. File a new EB-1(a) petition; 

3. File a NIW petition; 

4. Find a job as soon as possible and have the new employer sponsor an O-1 petition.

Based on Dr. Lin’s current status the first option was not viable. If we appealedto the AAU Dr. Lin’s H-1B visa would expire before anything could be done. Then, if his I-485 was denied, Dr. Lin would lose legal status. The same problem would arise if we pursued option 3.

As Dr. Lin was born in mainland China, he could not file the I-485 concurrently with the I-140 if he files an NIW petition, since the immigration visa numbers are not currently available. Thus, Dr. Lin would also lose his legal status when his current H-1B visa expires.

Since options 1, 2 and 3 are not viable, that leaves option 4. Dr. Lin will need to find a new job as soon as possible in order to obtain O-1 status. Dr. Lin can then re-file for EB-1(a) and receive a new I-485 pending status. Dr. Lin can file for EAD together with hisI-485 petition so he may legally work once his H-1B expires and before his new employer petitions for his O-1. This way if his I-485 is denied he and his family will still be in valid O-1 status.

Attorney Zhang presented option 4 to Dr. Lin as their most viable option for the following reasons:
1. I-485 pending status on its own is not a safe legal status. If Dr. Lin’s new EB-1(a) petition were to get denied again, and then his I-485 were to be denied, Dr. Lin and his family would be completely out of legal status.

2. Dr. Lin needs a permit or a status which will allow him to work in the U.S. He has three choices: H-1B，EAD，or O-1. As we said before, an H-1B visa is not available for Dr. Lin now because he has already stayed in the U.S with H-1B visa for six years without renewing it. According to the relevant immigration regulation, if he wants to apply for a new H-1B visa, he has to leave the U.S for at least one year before he can apply for a new H-1B visaAnd if Dr. Lin were to use an EAD card to work (based on a pending I-485 application) he runs the risk of losing status if his I-485 petition were denied.

3. Dr. Lin can apply for premium processing for his O-1 petition. After paying a $1,000 processing fee, the USCIS guarantees tothe case within 15 calendar days. Thus, if Dr. Lin’s O-1 petition is approved he will obtain a stable three-year legal status and can begin working immediately, even if his EB-1(a) petition is denied.

4. If no action is taken Dr. Lin will lose his legal status in 10 days. Quickly filing an O-1 petition will mean Dr. Lin will not lose his legal status.

Dr. Lin also inquired about the possibility of changing to an F-1 status. Attorney Zhang believed this was not a good option. First, there was a high chance that the F-1 petition would be denied because he had already filed a previous immigration petition. An F-1 visa petitioner should have no intention of gaining permanent residency status. Additionally, an F-1 visa holder is not allowed to work, meaning that Dr. Lin would have no source of income. 

III. Solution

After deciding the petition strategy the next critical step was to submit the EB-1(a) I-140 and I-485 petitions for Dr. Lin before his H-1B visa expired. We had only 7 days left before the deadline. Dr. Lin, in the meantime, should begin looking for a job so his employer can file an O-1 petition on his behalf.
On October 27th Attorney Zhang assigned Dr. Lin’s case to one of our experienced attorneys. The attorney immediately contacted Dr. Lin once he got the assignment. For the new petition, Dr. Lin needed to provide three more academic articles and our attorney prepared a strong petition letter to persuade the USCIS.

In the new petition letter our attorney emphasized that Dr. Lin had already made significant original contributions to his field of research before coming to the U.S. He continued his impressive research and became an internationally recognized expert once entering the U.S. His work could potentially reduce 70% of the adverse side effects of a drug used to treat kidney failure. This was an important development in medical technology that has the ability to help thousands of people. In addition to his academic articles, Dr. Lin submitted 9 recommendation letters outlining his outstanding contributions to the medical field to the USCIS. 

Over the next two days our attorney worked day and night in order to submit Dr. Lin’s petition before his H-1B visa expired. On October 30th (3 days before Dr. Lin’s H-1B visa expired), we sentthe petition package to the USCIS Nebraska Service Center (NSC) by FedEx. The petition package included a strong petition letter, required petition forms, 9 recommendation letters, Dr. Lin’s CV, and other supporting materials. From the time that Dr. Lin officially retained us the whole process only took four days, including a weekend. 

We tracked the FedEx package and affirmed that the USCIS received Dr. Lin’s petition two days later, on November 2nd. Thus, Dr. Lin now had a legal I-485 pending status when his H-1B visa expired on November 3rd. On November 16th our office received the receipt notice from the USCIS which told us that Dr. Lin’s petition would be transferred to the Texas Service Center.

In addition, Dr. Lin successfully found a new job when we were preparing the EB-1(a) petition documents and the new employer agreed to support his O-1 petition. Our attorney prepared all the required documents in two days and filed the O-1 petition with premium processing service on November 1st. Dr. Lin’s O-1 petition was approved on November 14th, ensuring that Dr. Lin had legal status in the United States in the event that his EB-1(a) petition was denied.

While the EB- 1(a) petition was being processed Dr. Lin asked if we should also file an EB-1(b) petition. Attorney Zhang discouraged him from doing so for the following reasons:
1. We were confident his re-filed EB-1(a) petition would be approved.

2. An EB-1(b) petition requires an employer sponsor and an Eb-1(b) applicant can change their job only if their I-485 had been pending for 180 days. The new job should be the same or a similar occupation to the primary one, otherwise the applicant’s green card application would be considered abandoned. If Dr. Lin were to file an EB-1(b) petition, it would be impossible for him to change jobs if he needed to.

3. Immigration petitions are expensive and since Dr. Lin had already spent a lot of money on his EB-1(a) and O-1 petitions, we did not want him to accrue any more costs.

As we predicted, Dr. Lin’s EB-1(a) petition was approved on March 1st and he and his family were no longer at risk of being out of status once their O statuses ran out. Since his I-140 was approved, we predict that his family will be able to get their green cards soon.

IV. Conclusion 

It took exactly four months and five days from the time when Dr. Lin contacted us initially on October 23, 2006 to the time when his EB-1(a) was approved on March 1, 2007. What a pleasant and smooth process!

We worked with Dr. Lin closely and effectively as a team throughout the entire process and the success of his petition can be attributed to our team work. Dr. Lin’s attorney prepared and revised all the necessary documents in 7 days. His professional and persuasive petition letter laid a solid foundation for Dr. Lin’s successful EB-1(a) petition. Our quality control attorney double checked all the petition materials before they were filed while our assistants worked on the forms, notices and client records quickly and carefully. And of course, Dr. Lin’s cooperation and prompt responses during the petition process played a critical role in its success. We were thrilled by the quick and happy result of Dr. Lin’s case. The best reward we receive in our work is the joy of seeing our client’s case approved. An immigration application is a complicated process and, while it is hard to control the result, an experienced immigration attorney can provide guidance and truly help the applicant throughout the challenging process.