Congratulations on Getting Your O-1! Next Stop, Green Card or O-1 Extension?
After all of your hard work, the O-1 is finally approved. But it’s not time to rest easy, instead ask yourself, “What’s next?”
We often consult with our clients, post-approval, to identify their long term goals, and provide case specific guidance to ensure that whatever is next, they are prepared and get the approval they need from USCIS to take them there. In this article, we answer some general questions and then provide seven of our favorite tips on how to strengthen extraordinary ability cases.
What If I Just Want to Extend My O1, Do I Still Need to Improve My Portfolio?
The simple answer is, “Yes!”
If your long-term goal is to remain in the United States, a green card offers long term stability and security, and also more freedom to develop within your field. Even if you don’t plan on applying for a green card and simply want to renew you O-1 when the time comes, it is important to note that for both the O-1 and EB-1 visas, the USCIS is looking for evidence of sustained acclaim.
You really don’t want to be in a position of having nothing new to add to your next visa application, especially if they are two or three years apart. So, whatever your accomplishments were that got you a visa in the first place, please make sure to keep up the good work!
Follow our tips below and schedule a consult for a personalized list of how to secure your next O-1 extension or EB-1 green card.
When Do I Need to File for a Green Card?
We recommend that you apply for this green card (EB1 category) at least 6 months before your current visa is due to expire. Be sure to allow our firm about 2 months of time to prepare your EB-1 case, pre-filing.
This option has the added benefit of putting you firmly on the road to U.S. citizenship, and allows your immediate family members to qualify for employment.
If I have an O1, Isn’t it Easy to Get a Green Card for Extraordinary Ability?
Many people assume that an O-1 approval means they automatically qualify for the EB-1 Extraordinary Ability green card. While this is not accurate, with careful planning and career development, many of our O1 visa holders use their time wisely and after a year or two of additional development, finally meet the criteria needed for approval.
The “evidentiary bar” is set higher for the EB-1 than the O-1 and the qualifying categories are slightly different. With the EB1 visa, not only must you meet a minimum of 3 out of the 10 suggested criteria, there is a second stage of review called the “Final Merits Determination.” The immigration officer must determine that upon review of the totality of all of the evidence submitted that you are one of that small percentage of individuals who have risen to the very top of their field. This second step gives the officer a lot of discretion to approve or deny your case, and this is where careful planning and career growth pays off.
At the second step they will look beyond the quantum of evidence and examine its quality, taking into account its relevance, probative value, and credibility. Thus, it is entirely possible to meet several criteria, but in the opinion of the officer fail on the Final Merits Determination. This in a nutshell explains why you are well advised to keep building on your accomplishments, so that when the time comes, the preponderance of evidence clearly shows that in your case, you readily meet the burden of proof.
Let our experienced team analyze your O1 case, create a persuasive narrative and identify areas for improvement. A consult with us lets you take action now while time is on your side, rather than waiting until it is too late to enhance your case.
Seven Tips to Get You an O-1 Extension or an Extraordinary Ability Green Card:
Obviously winning a Nobel Prize or an Academy Award in your field would be great, but since this is largely out of your control and requires a significant element of luck, it’s not a practical suggestion. The good news though is that there are several measures you can take which are highly achievable. Here are our top seven suggestions:
Ø With the EB1, USCIS pays closer attention to "quality," so try and keep working with well-known/high profile organizations and people in general. Also, it pays to think big on a national scale, as opposed to getting involved with a lot of local or purely regional activity.
Ø Judging the work of others: you would be surprised at how many clients tell us they turned down opportunities to be a panelist or reviewer of other people's work. Offer to judge if you can at industry award shows, do peer reviews for leading journals, serve as a mentor for business incubators etc., and if you hear about an interesting opportunity, volunteer your services.
Ø Get published: USCIS is looking for people who write serious articles within their area of expertise. Naturally, getting something published in the New York Times would be amazing, nonetheless, there are a lot of small but good trade or professional magazines/websites which are far more accessible. Don’t forget, we need to be able to verify audience/circulation figures, so be wary of small fry bloggers!
Ø Join up: See if there are any national organizations you can join that require outstanding achievements from their members, in your field. This normally means you are nominated and reviewed by their own board. Apart from being a feather in your cap, it would likely put you in contact with multiple opinion leaders in your area who may be willing to give you a reference letter.
Ø Enter National and International Competitions: You have to be in it to win it! Although there are the top tier competitions which everyone knows about, there are often solid competitions which draw a good number of applicants and have quality judging which will look good in your packet.
Ø Document your accomplishments: Are you acting in a critical, lead or essential role for a reputable organization? Be sure to document the importance of your role, and its impact on the overall health of the company. Did you help save the company millions? Add new employees to their workforce? Garner a coveted award for product development?
Ø Never stop networking: when you go to a conference or an industry event etc. and strike up a conversation with a known expert or luminary in your field, ask if it would be okay if you keep in touch with them. Most people are shy or reticent about being so forward, however we can assure you that we have done some amazing letters of support for candidates from industry legends who barely know our clients at all.
If you would like to arrange a consultation for a more personalized review of your situation, please sign up here https://www.troylaw.net/schedule-a-consultation or contact our office at 415-399-9490.