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It’s April 13, and this is your BAL Immigration Report.
“With cap selections at a historical low, it’s always a good idea to have a backup option. You will also be a more attractive candidate if your employer can secure long-term work authorization without having to rely on the H-1B cap.”
—Cecilia Lai, BAL Senior Associate
The U.S. Mission to India reported that it has processed over 400,000 visa applications in 2023 as part of its “mission to a million” campaign. Last year, one out of every 10 visa applicants worldwide applied from India. The U.S. Mission to India launched its goal to process over 1 million visa applications in 2023 to meet the high level of demand.
Over the past month, the U.S. Mission to India has taken steps to reduce visa processing times, including providing Saturday appointments and increasing staff, among other changes. While wait times are improving, appointment and processing delays should still be expected.
The State Department has modified eligibility requirements for Ukrainian students participating in the Exchange Visitor Program. Special Student Relief allows certain Ukrainian students on J-1 visas to attend school part-time and to work for more than 20 hours a week for longer than 12 months. These changes are intended to mitigate the impact Russia’s invasion of Ukraine has on Ukrainian students in the U.S. and will remain in effect until at least Oct. 23. Eligible individuals must have continuously resided in the U.S. since April 11, 2022.
A conversation with BAL Senior Associate Cecilia Lai: the O-1 visa as an alternative to the H-1B cap.
BAL Immigration Report: Early analysis suggests this year’s H-1B selection rate was even lower than last year’s, when a record number of registrations were submitted. Depending on an employee’s particular circumstances, alternative visa routes may be available. Some of the more common alternatives include continuing on F-1 OPT or STEM OPT, working in a branch office or affiliate abroad before returning on an L-1, or nationality-based visas such as the TN, E-3 or H-1B1.
Another option for some is the O-1 visa for individuals with extraordinary ability or achievement. Cecilia Lai, a senior associate in BAL’s Dallas headquarters, joined us to discuss this visa category — and what individuals must do to prepare a strong O-1 profile.
Lai: The O-1 is a good alternative option to the H-1B cap. The O-1 is a nonimmigrant work visa, individuals of all nationalities may apply, and the O-1 can be filed at any time during the fiscal year. It’s not subject to a cap and it may be extended indefinitely.
BAL: There are two types of O-1 visas: the O-1A, for individuals who are considered experts in the sciences, education, business or athletics, and the O-1B, for individuals who have achieved distinction and established prominence in their field of the arts.
Lai: Students with advanced degrees in STEM or the individuals with backgrounds in arts and designs would be ideal candidates for the O-1A and the O-1B, respectively. To qualify, you’ll be required to submit evidence to support at least three of the evidentiary criteria for either the O-1A or the O-1B. The areas that you have the most control over, in my opinion, are your original contributions, a significant impact, published works, judging the works of others, and awards and grants. Because the O-1 is evidence-heavy, if you are looking to qualify or start an O-1 when you’re close to expiring maybe on your F-1 STEM, then you may not have time to build up the profile. If you are currently on F-1 and you’ve just started on OPT or even in your first year of STEM, this is a good time to start looking at building your profile.
BAL: There are many factors to consider. Lai recommends that potential O-1A applicants submit research papers that they have to top journals and conferences in their field and attend the top-tier conferences. She also says potential O-1 applicants should enter their work for awards and competitions — ideally with a national or international reach.
USCIS can be particular in how it weighs evidence. When it comes to judging the work of others, for example, individuals must be invited to participate as judges — they cannot solicit these invitations. The same goes for media: Media attention can bolster an O-1 application, but applicants should not ask media outlets to cover their event or publish their work — the opportunity must come to them. Lai encouraged potential O-1 applicants to begin working on their profiles as soon as possible.
Lai: With cap selections at a historical low, it’s always a good idea to have a backup option. You will also be a more attractive candidate if your employer can secure long-term work authorization without having to rely on the H-1B cap. So while you’re waiting for the second round or even if you’re waiting for next year’s cap, it doesn’t hurt to start now to build up your profile. O-1 petitions also require reference letters, so take the time now to build your network of contacts. A few of the letters will need to come from objective sources, meaning a non-collaborator. These are the ones that are typically harder to think of when you’re also required to start working on your O-1 evidence.
If you are considering employment options, especially as a STEM student, maybe consider a nonprofit or educational institution. While you’re there, find opportunities to join a committee and apply for a grant. While the principal researcher will receive the main credit for the grant, you can use the grant to help bolster the significance of your original work. You can also join the nonprofit on your F-1, and if you’re close to maxing out on the F-1, they may be able to file a cap-exempt H-1B for you. This will buy you more time to continue building up your O-1 credentials and searching for other options with other employers.
As you’re going through a job search, be sure you ask for your recruiter to request an O-1 assessment. If the immigration specialist believes you are not yet qualified, they typically will let your employer know what you should work on. I’ve had many conversations with candidates who told me that they had these opportunities they declined due to being too busy at work. However, it is important to take advantage of these opportunities if you need alternative work authorization to build a strong O-1. Working on these can also help you build a strong foundation for the EB-1 green card process or an EB-1A or an NIW if you need to self-sponsor in the future.
The Singaporean government will soon evaluate Employment Pass applications using an updated points-based system. The change is part of an effort to attract more highly skilled foreign nationals to live and work in the country. Beginning Sept. 1, the Complementary Assessment Framework, or COMPASS, will award points to applicants based on salary, qualifications, diversity and the company’s local employment statistics. Applications will receive bonus points for jobs on the skills shortages list or if the company partners with the government on strategic economic priorities.
In Japan, authorities have expanded the availability of electronic tourist visas. Nationals and residents of 11 countries and regions, including Brazil, Cambodia, Canada, Mongolia, Saudi Arabia, Singapore, South Africa, Taiwan, the United Arab Emirates, the U.K. and the U.S. can now apply for an eVisa online. Travelers holding the visa can stay in Japan for up to 90 days for tourism purposes. The visa is valid for three months from the date of issuance. The government expanded availability of the electronic visa to simplify the application process and reduce paper filings.
Follow us on X, and sign up for daily immigration updates. We’ll be back next week with more news from the world of corporate immigration.
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