A visa for individuals with extraordinary ability.

In US immigration processes, your claims must be more likely than not to be true. This means if something appears more true than false, USCIS should accept it as true. To meet this standard, the visa petitioner should provide documents that convincingly support the claim’s validity.

For instance, to prove you received VC funding, you could provide signed SAFE agreements with a VC, a published article about your funding round, and documentation about the relevance of the VC.

Keep in mind that theory and practice do not always perfectly align. It’s crucial you speak to an experienced legal team to avoid spending time and money on documentation that does not support your case.

Yes, you can reapply as many times as you wish.

However, bear in mind that when you submit a green card petition or it’s submitted on your behalf, immigration authorities may sometimes see this as an indication that you plan to live in the US permanently (immigrant intent). This is incompatible with a key requirement for most temporary visas, which must express an intent to relocate to the US temporarily only.

If you plan to, or need to file a temporary visa application after filing an EB-1A application, this may affect your eligibility to renew or obtain your temporary visa.

Rules around resubmissions are nuanced, so it is advisable to consult with an experienced immigration attorney to understand all the implications.

According to recent USCIS policy, yes. In general, the agency requires a legitimate employer-employee relationship, which typically involves the ability to “hire, pay, fire, supervise, or otherwise control the work” of the beneficiary.

Since this policy is new and USCIS has provided little guidance, it remains unclear how these requirements will be applied in the O-1 context.

Holding a C-Corp or any type of business entity technically holds no implications over your legal B-1 or B-2 eligibility, but can raise questions from immigration officials in some circumstances.

You could own multiple companies in the US and that generally shouldn’t affect how you apply for this visa if you’re eligible.

No. Spouses of O-1 visa holders receive an O-3 visa, which allows them to live in the U.S. but not to work.

They can study, get a driver’s license, open a bank account, and travel in and out of the country freely, but employment is not permitted.

Questions vary, but the most common is: “Tell me why you are extraordinary?” Be ready with a concise summary of your accomplishments.

This is the time to confidently highlight your achievements, not to be modest.

You should also be prepared to explain the details of your U.S. job—your duties, employer, compensation, and location.

With premium processing, most O-1 petitions are decided within 15 business days.

Without premium processing, a decision can take several months, depending on USCIS workload.

The preparation stage—collecting evidence, drafting recommendation letters, and organizing the petition—typically takes anywhere from 6 weeks to 6 months, depending on the applicant’s profile, the attorney’s approach, and how quickly supporting documents are provided.

The O-1A is for individuals with extraordinary ability in the sciences, education, business, or athletics.

The O-1B is for those with extraordinary ability in the arts, or extraordinary achievement in film and television.

While the two categories share similar criteria, the type of evidence required differs based on the field.

In some cases, applicants may qualify under both categories—for example, a marketing professional whose work combines both business and artistic elements.

Yes. You can change employers, but in most cases the new employer must file a new petition before you can begin working with them.

The only exception is for O-1B visas filed through a U.S. agent—in those cases, you may switch or add employers without needing to file a new petition.

Yes. You must have either a U.S. employer or a U.S. agent who files the petition on your behalf.

You cannot self-petition for the O-1. Technically, you can work for a foreign company, but the petition still needs to be filed through a U.S. agent acting as your sponsor.

Only if you hold a visa or work authorization that allows you to work in the U.S. If your status does not permit employment, you cannot legally work—even for a foreign company paying you abroad.

Even with work authorization, it must cover the type of employment you intend to do. For example, an O-1 visa through a U.S. agent may allow you to work with multiple companies, while an Employment Authorization Document (EAD) provides broader flexibility.

Not exactly. You can enter the U.S. in one status (e.g., tourist visa) and then request a change of status to another (e.g., O-1A). However:

1. This only changes your status inside the U.S.

2. If you leave the country, you’ll need to visit a U.S. consulate abroad to obtain a visa stamp before reentering.

3. At that consular interview, officers may question your initial intent at the time of entry.

While changing status avoids an immediate trip abroad, we generally recommend consular processing from the start to avoid complications later. However, there are certain situations in which a change of status could be the best solution.

Generally no, unless one of the following applies:

A) You are in H-1B or L-1 status (or their dependent categories).

B) You obtain Advance Parole (Form I-131).

C) You receive an emergency travel permit.

If you leave without one of these, your green card application will likely be considered abandoned.

It depends on your priorities:

• Adjustment of Status (AOS): Lets you stay in the U.S. while applying even if your visa expires, often faster, and allows you to request work authorization while waiting. However, you typically cannot travel during the process (unless under certain specific circumstances, such as having a valid H-1B or L-1).

• Consular Processing: Usually better if travel flexibility is a priority, but requires attending an interview at a U.S. consulate abroad.

Often, yes. While some officers issue Requests for Evidence (RFEs) under premium processing to extend their decision window, most applicants cannot afford the delays of regular processing (which can take many months).

Premium processing provides faster decisions and avoids the risk of adjudication trends shifting over time.

In our experience, the vast majority of petitioners choose premium processing and are still approved.

Yes in most cases (when your priority date is current), but we generally advise against it.

Filing for Adjustment of Status signals clear immigrant intent. If your EB-1A is denied, it could make obtaining non–dual intent visas (such as E-1 or E-2) more difficult.

The safer approach: secure EB-1A approval first, then apply for Adjustment of Status.

A visa allows you to enter and stay in the U.S. for a specific purpose and duration (e.g., work, study, tourism).

A green card is permanent residency: it lets you live and work in the U.S. indefinitely, travel more freely, and eventually apply for citizenship.

Yes, but it depends on your situation. Some students transition to a work visa (like O-1 or H-1B) and later to a green card.

Others may qualify directly for categories like EB-1 or marriage-based green cards.

Keep in mind that the F-1 visa does not allow “dual intent,” so timing and strategy are very important.

Dual intent means you can hold a temporary visa while also intending to apply for permanent residency (a green card).

The H-1B and L-1 visas are true dual intent visas. Most others, such as B-1/B-2, E-2, and F-1, do not permit dual intent, so pursuing a green card from those visas can create complications.

The O-1 is a special case: it is not a dual intent visa by law, but in practice, both USCIS and the Department of State usually treat it as if it were.

Generally, work visa holders have a 60-day discretionary grace period after job loss to change status, find a new employer, or leave the U.S.

However, as of mid-2025, USCIS appears to be exercising its discretion to shorten or even eliminate this period in practice.

There’s a growing trend of Notices to Appear (NTAs) being issued within the grace period, even when individuals have pending H-1B transfers or change-of-status applications.

While this contradicts prior enforcement norms, USCIS has not issued formal guidance clarifying the change.

As a result, individuals in the grace period face heightened legal risk, including removal proceedings and potential re-entry bans. Acting quickly with legal counsel is more critical than ever.

Yes, if you apply for and receive an Employment Authorization Document (EAD) as part of your Adjustment of Status.

Without an EAD, you cannot work until your green card is approved, unless you already hold a valid work visa.

Yes. Unless you are protected by certain exceptions, you generally must remain in valid status until your green card application is filed.

Falling out of status before filing can make the process more complicated or even impossible.

Yes. Your spouse and unmarried children under 21 can usually apply as dependents (known as “derivative beneficiaries”) when you apply for your green card.

Lawful status means you are legally in the U.S. under the terms of your visa or green card.

Unlawful presence refers to the time spent in the U.S. without authorization.

Importantly, you can sometimes be out of status but not accruing unlawful presence (for example, while a timely extension is pending).

Yes, in some cases. You can request an extension or change of status with USCIS before your authorized stay expires.

Approval is not guaranteed, and it depends on your visa type and compliance with U.S. immigration rules.

If a Customs and Border Protection (CBP) officer denies you entry, you may be returned immediately to your country of origin.

In some cases, they may cancel your visa. This can have consequences for future applications, depending on the reason for denial.

You can always reapply, and many cases get approved on a second attempt, even with the same evidence, because decisions can vary between officers.

There is no “blacklist.” However, if your denial was for a green card petition, it may affect future applications for nonimmigrant visas (since immigrant intent might be established).

It’s important to carefully evaluate strategy before filing an immigrant petition.

Yes. Overstaying your visa can make it harder—or sometimes impossible—to get another visa or green card in the future.

Overstays of more than 180 days can trigger automatic bans on reentry for up to 3 years.

Overstays of more than 365 days will bar you from re-entry for ten years.

Always maintain valid status.

Not exactly. You are usually admitted for up to 6 months per entry, not per year.

Technically, you could enter, stay 6 months, leave, and reenter for another 6 months within the same year. However, doing so raises red flags.

CBP officers may question whether you are truly visiting for tourism or business, or whether you are working illegally.

Frequent or lengthy visits increase the risk of being denied entry and potentially having issues in obtaining a new visa.

Rule of thumb: Keep visits shorter (ideally under a month or two) and less frequent, to avoid any issues.

RFEs or Requests for Evidence is not a rejection or necessarily a bad sign.

The tone of the RFE can give you an idea of their level of doubt about your petition. The officer reviewing your case might be buying time during busy periods, for example, if they have to give you a response in 15 business days because you filed for premium processing and the workload is too high to process your case in time.

If the RFE includes questions about the factual sufficiency or legality of your case, it likely means they need more evidence or more explanations, or both, before approving the case. Neither of these cases signal an outright or even a likely rejection.

A US visa application should be as few pages long as possible to thoroughly document your case. Avoid bulking up your case with evidence that repeats itself or adds minimal value—your lawyer can guide you in this sense.

The forms alone take up 15-20 pages, and you will attach evidence and cover letters. Some petitions require more evidence than others. Tukki’s lawyers have seen many O-1A and EB-1A petitions that are as long as 400-1,000 pages, but EB-2 NIW applications that only required 200 pages to sufficiently document the case.

For an applicant that received an enormous prize, an Oscar or Nobel prize for example, an O-1A application could be even fewer than 400 pages. We’ve also seen applicants sending more than 2,500 pages, but the length of a visa petition varies on a case by case basis.

Tukki actively works with lawyers to assist with your visa applications and all of Tukki’s partner lawyers have success rates above 95% for client visa petitions.

Health insurance isn’t necessary in order to obtain a visa in the US.

However, it is recommended you plan for this expense for as soon as you arrive in the US.

The total cost for US immigration varies depending on the type of visa and the number of applicants. On average, the all-inclusive cost ranges from $10,000 to $15,000 for a work visa and from $14,000 to $20,000 for a green card.

For a family of four, the cost might range from $10,000 to $15,000 for a work visa and from $14,000 to $30,000 for a green card.

To know the specific cost of your visa or green card application, consult our visa pricing calculator.

To qualify for an H-1B visa, you must have a job offer from a U.S. employer for a specialty occupation, meaning a role that requires highly specialized knowledge and at least a bachelor’s degree or higher in a directly related field.

If your degree is from outside the U.S., it must be evaluated for equivalency.

Additionally, the employer must comply with all Labor Condition Application (LCA) requirements, including paying at least the prevailing wage set by the U.S. Department of Labor (DOL) for that occupation and location.

Yes. The agency requires a legitimate employer-employee relationship, which typically involves the ability to “hire, pay, fire, supervise, or otherwise control the work” of the beneficiary.

This often requires a board of directors or independent investors with decision-making authority over the founder’s employment.

Since the number of H-1B applicants exceeds the available visas, the U.S. government conducts a random lottery each year.

There are 85,000 total H-1B visas, with 65,000 under the regular cap and an additional 20,000 reserved for individuals with a U.S. master’s degree or higher.

Employers must first submit an electronic registration in March during the lottery period. If selected and approved, the beneficiary can begin working on October 1, the start of the fiscal year.

However, some H-1B petitions are cap-exempt and can be filed at any time, bypassing the lottery. This applies to petitions filed by or on behalf of institutions of higher education, nonprofit research organizations, and government research institutions.

Additionally, H-1B extensions, transfers, and amendments for individuals already in H-1B status are not subject to the cap and can also be filed at any time.

The spouse of an H-1B visa holder can apply for an H-4 visa, but not all H-4 visa holders are eligible to work.

Only those whose H-1B spouse has an approved I-140 petition (a step in the Green Card process) can apply for Employment Authorization (EAD).

If approved, the H-4 spouse can work for any employer in the U.S. without restrictions.

To qualify for an EB-2 NIW (National Interest Waiver), you must have either an advanced degree (master’s or higher), a bachelor’s degree with at least five years of progressive work experience, or demonstrate exceptional ability in your field.

Exceptional ability means a level of expertise significantly above the ordinary, proven by meeting at least three of six USCIS criteria, such as membership in professional associations, recognition from experts in your field, or a significant impact on your industry.

Additionally, you must show that your work benefits the U.S. in a meaningful way, such as improving the economy, advancing technology, enhancing healthcare, strengthening national security, or addressing other critical needs. USCIS evaluates this based on how important, urgent, and far-reaching your contributions are.

No, one of the main advantages of the EB-2 NIW is that you can self-petition, meaning you do not need a U.S. employer to sponsor you or go through the labor certification (PERM) process, which is typically a lengthy and complex requirement for employer-sponsored Green Cards.

Instead, you must prove that your work is in the national interest of the U.S. and that waiving the job offer requirement would benefit the country.

To prove that your work is in the national interest, you must show that it has a direct and significant impact on the U.S. in areas such as technology, healthcare, education, economic growth, or national security.

Your contributions should provide clear benefits to the country as a whole, beyond just your employer or local community.

You can demonstrate this through government reports, industry publications, media coverage, patents, or letters from experts confirming that your work aligns with national priorities and contributes to broader advancements in society, an industry, or the economy.

A strong EB-2 NIW petition must demonstrate that you have the expertise and experience to advance your endeavor and that your work has substantial merit and national importance.

Evidence may include receiving awards, publishing research, holding patents, and having relevant work experience in your field.

Support from employers, investors, or institutions can further strengthen your case. Additional factors include serving as a judge of others' work, holding memberships in prestigious organizations, and being featured in media coverage.

The more solid and well-documented your evidence, the stronger your petition.

Yes. It’s possible to pursue both strategies simultaneously. However, it’s far more common to apply for the O-1 and then pursue the EB-1A. Many applicants use the O-1 as a “bridge” to work legally in the U.S. while building their profile for the EB-1A. The O-1 is temporary, while the EB-1A leads to permanent residency.

Yes. Through consular processing, you can apply from abroad and attend your immigrant visa interview at a U.S. consulate. You could technically get a green card without having a work visa before.

Yes. Evidence of press coverage—especially in reputable, independent outlets—is strong proof of recognition in your field. However, not all articles are born equal, and some are far more relevant than others. The article should be mostly about you and your work, have a listed author, and date.

Yes, but only if your petition was filed by a U.S. agent. You cannot freelance outside the scope of your petition or through an employer. In addition, you cannot add new employers after the O-1 petition has been filed — even if it was filed through an agent — except in the case of the O-1B, where this is allowed.

You generally lose status once the employment ends, but you may use the 60-day grace period to find a new sponsor and file a new petition. However, since USCIS has started using its discretion to reduce or even eliminate the grace period in some cases it’s more important than ever to act quickly and consult with legal counsel.

Yes. Children with O-3 or H-4 visas may attend public schools without additional authorization.

No. Technically you can self-file (for EB-1A) or have an employer file without an attorney. However, due to the complexity of the evidence, most applicants strongly benefit from legal representation.

They serve to contextualize and validate your achievements. Strong letters from independent experts can significantly strengthen your case. Letters are not going to be the cornerstone of the application, but are very relevant and helpful to the case.

Yes, but it depends on how your case is being processed:

• Consular processing: If you are outside the U.S. when your petition is approved, you will need to schedule a visa interview and obtain an O-1 visa stamp at a U.S. consulate before reentering.

• Change of Status (COS): If you filed your petition as a Change of Status from within the U.S., traveling abroad it’s not allowed and your case will be considered abandoned.

Yes. Consular officers may review public online profiles. Content that contradicts your application (such as posts suggesting unauthorized work) can raise red flags and cause a visa denial.

No. Only U.S. citizens can sponsor parents. Once you become a citizen (typically after holding a green card for 5 years, or 3 years if you became permanent resident through marriage with a US citizen), you may petition for them.

It’s the date your approved I-130 (family) or I-140 (employment) petition is filed, or if your green card requires a PERM process, the priority date is when the PERM is filed with the department of labor. This determines your place in line for visa availability, which is crucial in categories with backlogs.

Yes. If your extension is filed before your current O-1 expires, you are allowed to keep working for up to 240 days while USCIS processes the case.

No. O-1 visas can be renewed indefinitely in increments (usually 1–3 years), as long as you continue to meet the criteria.

Extraordinary ability is the language you must use in O-1 and EB-1A cases, and it means you are among the very top in your field. Exceptional ability (EB-2 NIW wording) means you have expertise significantly above the average but not necessarily at the very top.

Yes, but they are generally weaker than major national or international awards. They can still support your profile when combined with stronger evidence. In most cases regional awards are not useful for the awards criteria but are still helpful to establish recognition in your field.

It’s possible through a change of status with USCIS, but officers may question your original intent when entering. Consular processing is often safer.

Yes. Patents that have been commercialized or frequently cited can help demonstrate original contributions. However, simply holding a patent that has not been applied or recognized by others in the field is not sufficient to establish this category.

No. Once you receive your green card, it belongs to you, not to your employer. However, if fraud or misrepresentation occurred during the process, USCIS may investigate.

One can have multiple visas stamped in their passport but cannot have multiple statuses while in the US. You can only be in one nonimmigrant status at a time. However, you may switch between statuses if petitions are timely filed.

It can, in many cases. If the activity is something that is normally paid (e.g., designing, performing, consulting), USCIS may treat it as unauthorized employment even if you are unpaid. True volunteering—like helping at a food bank, church, or charity where no one is paid—is generally allowed.

It depends. For scientists and academics, publications in peer-reviewed journals are often a cornerstone of the case. For professionals in business, arts, or other industries, other types of evidence (press, awards, leadership, impact) may carry more weight.

Absolutely. Speaking engagements—especially at well-known or international conferences—show that you are recognized as an authority in your field. The more selective and prestigious the event, the stronger the evidence. Although it does not fall into a specific category, it is very important for the final merits evaluation.

There is no fixed dollar amount in the law. Instead, the investment must be “substantial” relative to the type of business. In practice, amounts under $100,000 are often considered too low, while $150,000–$200,000 or more are typically viewed as stronger. Other factors—such as the number of employees, the type of activity, and the revenue generated—also play an important role. The E-2 is not judged only by a number, but by a combination of factors showing that the business is real, viable, and capable of supporting operations and jobs in the U.S.

No, the years spent in the U.S. under temporary visas like F-1, O-1, or H-1B do not count toward the residency requirement for naturalization. The clock for U.S. citizenship starts once you obtain permanent residency (a green card), typically requiring 5 years of continuous residence (or 3 years if married to a U.S. citizen).