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O1B VISA ORGANIZATIONS

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O1B VISA ORGANIZATIONS

I. Break of The Law

This criterion is met if the applicant has performed and will perform as a lead participant for organizations with a distinguished reputation. This law has (2) main parts.

Part One

  • Applicant has performed
  • As a lead
  • For an organization
  • With a distinguished reputation

Part Two

  1. Applicant will perform
  2. As a lead
  3. For an organization
  4. With a distinguished reputation

II. Meeting the Criteria

When deciding whether an applicant meets this criterion, it’s essential to consider the following information for any organizations or companies they have worked for in their field.

  1. Dates of Employment
  2. Job Title
  3. Company

Match-Ups

This tangible information matches up with the existing law in the following way.

Part One

  1. Applicant has performed = = >Dates of Employment
  2. As a lead = = > Job Title
  3. For an organization = = > Company
  4. With a distinguished reputation = = > Company

Part Two

  1. Applicant will perform = = > Dates of Employment
  2. As a lead = = > Job Title
  3. For an organization = = > Company
  4. With a distinguished reputation = = > Company

 

III. Proving it to USCIS

1. Date of Employment

[See Criteria 1 Events]

Law

This category proves match-up (1); the applicant has performed and will perform as a lead participant for organizations that have a distinguished reputation. This category also goes to the overall criteria of “being at the top of your field.”

What USCIS Is Looking For

In terms of the match-up (1), USCIS is looking to see performances in the past and performances events in the future.

What can ” performances ” mean can be helped by considering the similar category for O-1A Visas? In O-1A Visas, instead of “performed,” the word “employed” is used. USCIS has shown a willingness in cases of O-1B Visas to accept non-performance work for this criteria. So instead of “performed,” think of the requirements as “the applicant has worked and will work as a lead….”

In terms of “being at the top of your field,” USCIS officers are looking for people who have a long but steady incline toward success and are applying while at the very top. So, ideally, you would have several instances of employment at organizations, steadily getting more and more “distinguished,” with the most recent being in the past six months. But, in reality, that’s quite rare, and USCIS will usually take what they can get; how to Prove It, Just put the dates of the events in the application.

Example

Working for Google is impressive, but if you worked there 15 years ago and haven’t worked for a company of note since, that will not be looked upon positively by USCIS.

2. Job Title

[See Criteria 1 Events]

Law

This category proves match-up (2); the applicant has performed and will perform as a lead participant for organizations with a distinguished reputation.

What USCIS Is Looking For

Being a lead in a performance on stage is relatively simple, but it becomes more complicated for other professions.

It’s helpful to look at a similar category in O-1A Visas, which says “critical capacity” instead of “lead.” While lead is a particular term that is hard to broaden, critical capacity applies to many job fields. USCIS (in a rare move) seems to understand somewhat that “lead” is a short-sighted criterion, and they do accept critical capacity for both O-1A and O-1B. An excellent way to test for necessary ability is to think- if your job title/ role was eliminated, would the project still work? Another way would be people in the project who do the same thing as you but aren’t as senior? This would show what USCIS is ultimately looking for, that you have “risen to the top.”

Unfortunately, some job fields just don’t fit into this field that just doesn’t fit into this criteria. USCIS knows and has acknowledged this, and they answer that if your job doesn’t fit into specific criteria, you should probably try to work in all the others. Not very helpful.

How to Prove It

Sometimes a title will in and of itself show that a person is a lead. Other times, you have to dig a little bit further.

Any time someone has your job but is less senior, that’s a great thing to show USCIS.

Otherwise, explaining your duties and how they are critical to the organization will suffice.

Examples

[See Criteria 1 Events]

Using the tests we outlined above, let’s go through some examples.

Test 1: If your job title/ role was eliminated, would it work?

Romeo (in Romeo and Juliet) is the lead.

Nun #3 (in Romeo and Juliet) is not a lead.

The guitarist (in Band) is the lead.

The guitarist (# 124 in a large marching band) is not a lead.

Test 2: Are there people in the project who do the same thing as you but aren’t as senior?

Trumpet Player (1st chair) is a lead.

Trumpet Player (4th chair) is not a lead.

3. Organization Hosting Event

Law

This category proves match-up (3); the applicant has performed and will perform as a lead participant for organizations with a distinguished reputation.

What USCIS Is Looking For

[See Criteria 1 Events]

Distinguished Reputation appears to be a phrase that USCIS has invented and isn’t interested in explaining. It’s very vague, even for USCIS standards, and the way it’s applied to many different categories for different purposes makes its meaning even more confusing. All we know is that they consider organizations mentioned in major media and make a lot of money to have “distinguished reputations.”

How to Prove It

[See Criteria 1 Events]

Proving that an organization has a lot of press is the most straightforward check box for O-1B Visa applications. I use Lexis Nexis Media searches, but there are many comparable search engines that one could use. Once you pull up all the media on the organization, you want to focus on “major media.” Newspapers > Blogs, the higher the circulation, the better.

Proving that an organization has made money is a little bit trickier. One thing is showing how old it is. If an organization isn’t successful/ profitable, it will not last very long.

The longer the organization has been in business, the better. There are sometimes also reports that show the profit of an organization.

Examples

Coca-Cola is a very famous organization with a lot of press.

 

IV. Difficulty

Level of Difficulty

This criterion is a level 3 difficulty. Only about half of the applicants meet this criterion. The hardest part is proving that you were in an event and an actual “lead.”

Related Categories

Organizations’ criteria are tied closely to Events criteria. There is also a matching “Organizations” criteria for O-1A Visas.