How to Acquire U.S. Visa for Non-immigrants

There are many types of visa for the Nonimmigrant category, and people need to understand that they should be clear with their purpose for them to be provided with the right forms they would need for the application.

Nonimmigrant Visas are provided to those seeking to enter the United States for a temporary period. The requirements to apply for such a visa depend primarily on the purpose of travel to the United States. One of these types is the visa for gifted people or what is called O-1 Visa. There are many types for the Nonimmigrant category, and people need to understand that they should be clear with their purpose for them to be provided with the right forms they would need for the application.

What is a K-1 Visa?

K-1 Visa, also known as the “Fiance” Visa is for the foreign-citizen fiancé(e) of a United States (U.S.) citizen. It provides permission to travel for the foreign-citizen fiancé(e) to the United States and marry his or her U.S. citizen sponsor within 90 days of arrival. The form required for this category is called Form I-129F, and parties must have been legally free to marry at the time the petition was filed and must have remained so after that.

What is the R-1 Nonimmigrant Visa?

(R-1) visas are for persons who want to enter the United States to work temporarily in religious capacities. Some particular requirements should be observed when it comes to filing this category.

As a Temporary Religious worker, they should be a member of the same religious denomination that they will be working for. The required number of years would be a member of that denomination two years before the application of the visa. They should also be of minister status in that congregation before visiting or working in the United States.

What is the O-1 Nonimmigrant Visa?

It is provided to individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics. It is also offered to those who have a demonstrated record of achievements in the motion pictures or the television industry and have been recognized nationally or internationally for their accomplishments in their own field of expertise.

What are the subcategories under the O-1 Nonimmigrant Visa?

There four subcategories under the O-1 Nonimmigrant Visa. These are O-1A, O-1B, O-2, and O-3.
O-1A is provided to individuals with an extraordinary ability in the sciences, education, business, or athletics. Still, it does not include people who are gifted in the fields of arts, the television industry, or the motion picture industry. It is O-1B that covers for these gifted people.

O-2 is provided to those individuals who will accompany an O-1, artist, or athlete, to assist in a specific event or performance or scheduled activities. The O-2’s assistance must be an “integral part” of the O-1A’s activity, meaning their presence should be considered as essential to the completion of O-1A or O-1B’s specific event or performance or scheduled activities. The O-2 should be regarded as an individual that has critical skills that are required to support O-1A or O-1B’s task completion.

O-3 Nonimmigrant Visas, on the other hand, are provided to individuals who are the spouse or children of O-1’s and O-2’s.

What is the Eligibility Criteria for the O-1 Nonimmigrant Visa?

For an individual to be eligible for the O-1 Nonimmigrant Visa, he/she must demonstrate or show proof of extraordinary ability by sustained national or international acclaim. He/she must be coming only temporarily to the United States to continue work in the area of exceptional expertise or specialty.

Extraordinary ability refers to a level of expertise, indicating that the person is one of the small percentages which has risen to the very top of his/her field of expertise. It can also mean the distinction of a high level of achievement in his / her field, evidenced by a degree of skill and recognition substantially above that ordinarily encountered.

Individuals who are considered Extraordinary or Gifted in their field are not just proven with medals or awards given but also by actions that are outstanding, notable, or leading in their field of expertise.

How do I apply for an O-1 Nonimmigrant Visa?

A form called Form I-129, Petition for Nonimmigrant Worker, should be filed by a petitioner with the USCIS office. The file should not and can not be filed more than one year before the actual need for the alien’s services. The Form I-129 should be submitted at least 45 days before the date of employment. Other necessary attachments and documents are provided on a list by the USCIS upon inquiry of the application.

Period of Stay

The Nonimmigrant Visa holder is provided an initial period of stay of up to three years. If there is a need to process an Extension of Stay, USCIS will determine the time that is necessary to accomplish the initial event or activity in increments of up to 1 year, depending on the “Need.”

If for unfortunate reasons the O Non-immigrant beneficiary’s effectivity has been terminated for purposes other than voluntary resignation form the tasks assigned during his/her stay, an employer, if there is any, must pay for the reasonable cost of return transportation to the O nonimmigrant’s last place of residence before entering into the United States.