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O1B Visa Process
April Perez • December 23, 2021
Click here to read this article in Portuguese and Spanish
An O1B visa
is a visa for individuals with Extraordinary Ability or Achievement. This sounds simple enough but it actually requires several different parts to come together in order to get the petition ready for filing. The process begins with evidence to see if the person can meet the requirements.
The individual must have an extraordinary ability in film, television or the arts. The individual must be able to show that they have been nominated for or received a significant national or international award, this can be an Academy Award or a Grammy or another award of significance.
If the individual does not have a significant national or international award, they must be able to meet at least three of the requirements below:
1. Evidence that the beneficiary has performed and will perform services as a lead or starring participant in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications contracts, endorsements.
2. Evidence that the beneficiary has achieved national or international recognition for achievements evidenced by critical reviews, or other published materials by or about the individual in major newspapers, trade journals, magazine, other publications.
3. Evidence that the beneficiary has performed and will perform in a lead, starring or critical role for organizations and establishments that have a distinguished reputation evidenced by articles in newspapers, trade journals, publication or testimonials.
4. Evidence that the beneficiary has a record of major commercial or critically acclaimed successes as evidenced by such indicators as title, rating, standing, box office receipts, motion picture or television ratings, and other occupational achievements reported in trade journals, major newspapers, or other publications.
5. Evidence that the beneficiary has received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the filed in which the alien is engaged. Such testimonials must be in a form which clearly indicates the author’s authority, expertise, and knowledge of the alien’s achievements.
6. Evidence that the beneficiary has commanded high salary or will command high salary or other substantial renumeration for services in relation to others in the field, as evidenced by contracts or other reliable evidence.
- The evidence should be presented in a cover letter laying out the arguments about the requirements that are being argued as having been met.
- If the individual is able to meet the requirements, they will need to have a petitioner which can be a visa agent or employer, this can be an individual or company depending on the type of work.
- The individual must be able to provide contracts for the work he or she will be doing in the U.S.A. if the visa is approved. The contracts or deal memos for the work must cover the period of the visa that is being requested.
- There should also be an itinerary listing the details of each project.
- There are also forms that must be filled out and signed by both the beneficiary and their petitioner.
- Depending on the type of work the individual will be doing in the U.S.A. they will need to request consultation letters from one or more organizations designated by USCIS. There are usually fees for the consultation letter requests from the organization and there are also filing fees for the petition itself that must be paid to USCIS. The filing fees vary depending on whether you want to do the regular processing route or the premium processing route.
The process can be overwhelming especially for someone who has never done this before, and there is a lot of paper work and information that needs to be gathered. It is important to have guidance from an attorney to assure a positive outcome of your case.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
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If you are planning on filing an O1B visa based on your extraordinary ability, you may need to provide some reference letters as part of the evidence for your application.
You can use letters for various requirements. One specific requirement for the O1B that you will definitely need letters for is the requirement: Evidence the beneficiary has received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field in which the alien is engaged. Such testimonials must be in a form which clearly indicates the author’s authority, expertise, and knowledge of the alien’s achievement. The letters should come from individuals who work within the same field and explain their own background and accomplishments within that field. The individual should also be familiar with the applicant’s work and be able to attest to that person’s accomplishments within the specified field. Letters from individuals without experience within the same field as the a
When applying for an O-1 visa USCIS requires that a written advisory opinion from a peer group (including labor organizations) or a person with expertise in the beneficiary’s area of ability be provided as part of the application.
On January 29, 2025, President Trump signed the Laken Riley Act into law, significantly altering how immigration policies are enforced in the United States. This legislation grants State attorneys general and other authorized officials unprecedented authority to interpret and implement federal immigration policies. It also empowers them to take legal action against the federal government if they believe federal immigration enforcement negatively impacts their state. With this new authority, states now play a direct role in shaping immigration outcomes—a responsibility traditionally held by the federal government. One of the most immediate effects of the Laken Riley Act is that it allows states to seek injunctive relief to block the issuance of visas to nationals of countries that refuse or unreasonably delay the acceptance of their citizens who have been ordered removed from the United States . This means that if a country does not cooperate with U.S. deportation efforts, its nationals—regardless of their legal status—could face significant difficulties obtaining or renewing visas. As a result, foreign nationals from these countries may encounter increased uncertainty when traveling internationally or securing work authorization in the U.S. Beyond visa processing, the law introduces a new level of unpredictability into the immigration system. By allowing state attorneys general to intervene in federal procedures, and immigration policies that may now vary based on state-level decisions. In the coming months, it remains to be seen how individual states will wield this power—whether they will actively seek to block visa issuance or push for broader immigration enforcement measures. For foreign nationals and employers, staying informed about which countries are deemed “uncooperative” is now more important than ever. Those needing visa renewals or planning international travel should prepare for potential delays and seek professional guidance to navigate these uncertainties. The Laken Riley Act also mandates federal immigration authorities to detain and deport individuals without legal status who are charged with certain offenses, including minor theft or shoplifting, assaulting a law enforcement officer, and crimes resulting in death or serious bodily injury. This provision underscores a stricter approach to immigration enforcement, affecting individuals accused of both minor and serious offenses. With immigration policies now subject to a new layer of state involvement, it is more important than ever to stay informed and prepared for potential challenges. If you have concerns about how the Laken Riley Act may affect your immigration status or business, contact Santos Lloyd Law Firm for strategic counsel tailored to your needs.
On January 28, 2025, Secretary of Homeland Security Kristi Noem vacated the January 10, 2025, decision by former Secretary Alejandro Mayorkas that had extended the 2023 designation of Temporary Protected Status (TPS) for Venezuela and ordered that his January 17, 2025, notice re-designating Venezuela TPS be vacated. This action has understandably caused confusion and concern among Venezuelan TPS beneficiaries and those with pending applications. It is critical to clarify that this does not mean that the TPS program for Venezuela has been eliminated . Instead, the Department of Homeland Security (DHS) must now reconsider whether to re-designate (extend) or terminate the previous Venezuela TPS designations from 2021 and 2023. What Does the Vacatur Mean? Because the January 17, 2025, TPS extension was vacated, the most recent valid TPS designation for Venezuela remains the October 3, 2023, designation . The vacatur does not immediately affect TPS protections for individuals covered under the prior designations. However, DHS must make key decisions in the coming months: By February 1, 2025 , DHS must decide whether to extend or terminate the October 3, 2023, designation . By July 12, 2025 , DHS must decide whether to extend or terminate the March 9, 2021, designation . If the Secretary does not make a timely determination (for example, if the Secretary were not to make determination by February 1, 2025 whether to extend or terminate the 2023 Venezuela TPS designation), then the statute provides for an automatic extension of the designation for an additional period of 6 months . INA 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C). Until these decisions are made, TPS remains in effect under the previous designations , and those who have already been granted TPS are not immediately impacted. Who Is Affected and What Should You Do? Current TPS Holders If you were already granted TPS under the March 9, 2021, or October 3, 2023, designations, your status remains valid. You must continue to comply with all re-registration requirements to maintain your protection and work authorization. Re-registration period: TPS beneficiaries under the 2021 and 2023 designations must re-register between January 17, 2025, and September 10, 2025 , to maintain their legal status and work authorization. Individuals with Pending TPS Applications as of January 17, 2025 If you applied for TPS before January 17, 2025 , under a previous designation, your application will continue to be processed . If your application is approved, your TPS protection will remain valid at least until April 2, 2025 . There is no need to reapply. Individuals Who Applied for TPS Between January 10, 2025, and January 28, 2025 If you applied for TPS during this period, USCIS will cease processing your applications and issue refunds of any fees paid in association with those applications . Additionally, USCIS will invalidate EADs; Forms 1-797, Notice of Action (Approval Notice); and Forms 1-94, Arrival/Departure Record (collectively known as TPS-related documentation) that have been issued with October 2, 2026 expiration dates under the January 17, 2025 Mayorkas Notice. What Happens Next? Given the Biden administration’s prior support for TPS, many expect DHS to extend or re-designate Venezuela for TPS rather than terminate it . However, no final decision has been made , and Venezuelan nationals with TPS or pending applications should continue to follow updates closely. What Should You Do Now? If you currently hold TPS , continue to comply with all TPS renewal requirements and remain aware of DHS’s upcoming decisions. If you have a pending application , check USCIS updates regularly and consult with an immigration attorney for the latest guidance. If you applied between January 17, 2025, and January 28, 2025 , seek legal counsel to understand how the vacatur may affect your application. Stay Informed and Get Legal Guidance Our immigration firm is closely following these developments and will provide updates as soon as DHS makes its decision. If you have questions about your TPS status or how this memo affects your case, contact our office today for a consultation. For more information, refer to the official DHS notice on the vacatur: Vacatur of 2025 Temporary Protected Status Decision for Venezuela .
On January 20, 2025, President Donald Trump signed an executive order titled "Protecting the Meaning and Value of American Citizenship," which aims to end birthright citizenship for certain children born in the United States . This order specifically targets children born to mothers who are either unlawfully present or temporarily in the U.S. on visas, such as student, work, or tourist visas, if the father is neither a U.S. citizen nor a lawful permanent resident. Under this new policy, these children will no longer be granted automatic U.S. citizenship. The order is set to take effect 30 days from its signing and applies only to births occurring after that period, meaning it does not retroactively affect children born before the effective date. This executive order challenges the long-standing interpretation of the 14th Amendment of the U.S. Constitution, which guarantees citizenship to all individuals born on American soil . The amendment states, "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." For over a century, this provision has been understood to grant citizenship to most individuals born in the U.S., regardless of their parents' immigration status. In response to the executive order, immigrant rights advocacy groups, including the American Civil Liberties Union (ACLU), have filed lawsuits challenging its constitutionality . They argue that the order violates the clear mandate of the 14th Amendment and undermines fundamental American values. Legal experts anticipate that this issue will be contested in courts, with the potential for the order to be blocked or overturned. On January 23, 2025, a federal judge in Seattle issued a temporary restraining order (TRO), effectively blocking the executive order from taking effect for the next 14 days . The court cited potential constitutional violations and the need for further legal briefings before any enforcement could proceed. This ruling provides temporary relief to affected families and signals the likelihood of a prolonged legal battle. Further hearings are scheduled to determine whether the order will be permanently blocked or allowed to proceed. For families affected by this order, there is growing concern about the potential challenges their children may face without U.S. citizenship. Access to essential services, education, and employment opportunities could become more difficult for those impacted. However, it is important to remain hopeful, as the legal system provides checks and balances to ensure that any executive action aligns with constitutional principles. Historically, similar attempts to restrict birthright citizenship have faced significant legal challenges and have not been upheld . If you or someone you know may be impacted by this executive order, staying informed and understanding your rights is crucial. At Santos Lloyd Law Firm, P.C., our trusted immigration attorneys are available to provide guidance and support during this uncertain time, please contact us if you need assistance.
