An alien with exceptional talents in a certain area might desire to come to the United States temporarily and work for a particular company. In this article, the specific situation of when aliens decide to stay and be a citizen of the United States will be examined under diverse legal perspectives. Regardless, once people get an O-1 Visa, they must hold a green card for five years to become legal permanent residents.
The O nonimmigrant category includes 4 separate types: O-1A Visa, O-1B Visa, O-1 Visa, and O-2 Visa. The O-1A Visa concentrates on people with exceptional proficiencies in science, education, business, or sport, who seek a non-permanent career in the United States.
The O-1B, on the other hand, focuses on people with special qualifications in the arts or who have outstanding accomplishments in the film industry.
The O-2 focuses on people who will enter an O-1 visa owner at a special occasion or performance.
The O-3 Visa is particularly for the partner or kids of O-1 or O-2 visa owners.
For the request of an O-1 visa, the visa seeker has to file Form I-129 at least forty-five days before the first day of the work. The petition for a nonimmigrant worker must contain a labor contract copy including the employment terms and proficiency proof from an unbiased expert in the same field.
The soon-to-be O-1 visa holder is demanded to show a detailed demonstration of the attended occasions that are related to the O-1 visa holder’s talents. O-1 Visa holders are also, required to satisfy the standards of The United States Citizenship and Immigration Services’ list.
A 0-2 Visa applicant must deliver documentation, which demonstrates the intended activity needs an assistant. The O-2 Visa application demands an advisory statement from a proper labor corps concerning the essentials for such an assistant. Documentation must show that the O-2 beneficiary’s assistance is an essential element of the O-1. Additional evidence should be shown to emphasize the beneficiary’s talents and knowledge that are necessary to sustain the O-1 Visa holder. If no corps exists, this condition may be waived, and qualification will be based on the proof submitted.
The partner and kids younger than 21 years old who are coming with the alien in the United States are qualified to ask for the O-3 visa. These visa holders are not qualified to work in the United States and will not obtain a social security number, nonetheless, O-3 visa holders are permitted to work part-time or study full-time. O-3 visa holders are likewise subject to the identical restrictions and period limitations as O-1 and O-2 Visa holders.
O-1, O-2, and O-3 Visa holders are not granted to stay in the United States for more than three years although an additional one-year stay can be requested. For extra stay time, the aliens must submit the I-129 Form, I-94, and a statement of extension from the United States Citizenship and Immigration Services(I-539 Form additionally required for 0-3 visa holders). Nevertheless, aliens may apply for permanent residency via an employment-based green card after receiving the O-1 Visa and staying in the United States. For instance, O-1 Visa holders can apply for the EB-1 visa, the green card counterpart for outstanding talents and accomplishments. The O-1 Visa holder might self-petition with the I-140 which may be funded by an employer. After the approval of EB-1 requisition aliens may request to be legal permanent residents either via Form I-485 which is the application to register permanent residence or via consulate.
Living in the United States for 5 years with a green card, aliens are qualified to request citizenship via N-400 which is the application for naturalization. After practice and compliance, then the aliens continue to a biometrics arrangement, an interview, and then obtain a determination concerning the request.
The last stage is acquiring notice for and attending the naturalization ceremony. After the N-400 is filed, the naturalization process should take ten months according to a New York Times article from 2019. Nevertheless, with the closed United States Citizenship and Immigration Services offices due to COVID-19 measures, there is a delay in the procedure of requests and the naturalization ceremonies. Thus, as an O-1 Visa holder, it is likely to one day become a legal permanent resident or a United States citizen.