Since all the 2008 H1-B visa quota are used up, many people who have just graduated can only rely on their OPT to temporarily stay legally in America. However, an OPT status generally can only allow one to stay for a limited time, one must find a way to maintain his or her legal status. Our office would suggest you to apply O-1 visa to solve this problem while you either wait for next year’s H1-B or your petition of green card based on Eb-1 or Eb-2.  

The O-1 classification is a type of employment visa to aliens who have extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and who are coming temporarily to the U.S. to continue work in the area of extraordinary ability. Spouses and dependent children of O-1 visa holders do not receive the status, but instead qualify for O-3 visas. Generally, to qualify for O-1 classification, aliens of extraordinary ability in the sciences, education, business, or athletics must demonstrate sustained national or international acclaim and recognition for achievements in the field of expertise by providing evidence of:

Receipt of a major, internationally recognized award or at least three of the following forms of documentation:

(1) Documentation of the alien's receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor;

(2) Documentation of the alien's membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;

(3) Published material in professional or major trade publications or major media about the alien, relating to the alien's work in the field for which classification is sought, which shall include the title, date, and author of such published material, and any necessary translation;

(4) Evidence of the alien's participation on a panel, or individually, as a judge of the work of others in the same or in an allied field of specialization to that for which classification is sought;

(5) Evidence of the alien's original scientific, scholarly, or business-related contributions of major significance in the field;

(6) Evidence of the alien's authorship of scholarly articles in the field, in professional journals, or other major media;

(7) Evidence that the alien has been employed in a critical or essential capacity for organizations and establishments that have a distinguished reputation;

(8) Evidence that the alien has either commanded a high salary or will command a high salary or other remuneration for s ervices, evidenced by contracts or other reliable evidence.

The requirements for O-1 visa are similar to Eb-1, but generally are believed to be less strict than Eb-1. Therefore, when you are facing the danger of overstay your visa, O-1 may be a reasonable alternative.

Please contact our office if you have further questions. Phone: (626)319-7566 (24 hrs), (626)363-7353. Fax: (626)363-7399. Email: jschenlaw@yahoo.com, Website: www.jingsongchenlawyer.com

Jingsong Chen
J.D., Ph.D.
Attorney At Law  

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