Articles Posted in O-1B

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Welcome back to Visalawyerblog! It is the start of a brand-new week and we are excited to bring you more updates in the world of immigration.

We are happy to report that the Department of State has released important information for nonimmigrant visa applicants who may qualify for an interview waiver. That’s right. Certain nonimmigrant visa applicants will now be eligible to obtain a renewal of their visas without being required to attend a Consulate interview.

Who may take advantage of Non-Immigrant Visa Interview Waivers?

The Secretary of State, Antony Blinken, has consulted with the Department of Homeland Security, and temporarily expanded the ability of Consular officials to waive the in-person interview requirement, which is normally required of all individuals seeking nonimmigrant visas in the same visa classification – in other words renewal applicants.

Prior to the COVID-19 pandemic, interview waivers were only available to those applicants whose nonimmigrant visa was set to expire within 24 months.

The Secretary has now temporarily extended the Interview Waiver eligibility to those whose visas are set to expire within 48 months. This new policy will be in effect until December 31, 2021.

According to the Department of State, “This change will allow consular officers to continue processing certain nonimmigrant visa applications, while limiting the number of applicants who must appear at a consular section, thereby reducing the risk of COVID-19 transmission to other applicants and consular staff.”

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Can a social media influencer and OnlyFans model with a large online following qualify for the O-1B visa, as an individual of extraordinary ability in the arts or entertainment?

In this blog post, we share with you how our office was able to do just that despite several challenges presented to us by USCIS, in which the adjudicating officer downplayed our client’s achievements, and unnecessarily applied a narrow interpretation of the standard “fashion model” to our client who did not fit the traditional mold of a “fashion model.”

Through a detailed presentation of additional evidence, we advocated for our client and explained that although our client did not neatly fit into the traditional category of “fashion model,” she did in fact satisfy at least three of the eight criteria for O-1B, based on her extraordinary achievement as a social media influencer and model, prominence, recognition, and her lead/critical role as founder of her own successful web platform.

Here, we will share with you how we were able to overcome such challenges and ultimately obtain an approval for our client.


The Rise of Social Media Influencers

Before the social media boom, fashion models were considered the primary vehicle by which companies promoted and advertised commercial products for global audiences. For those seeking success in today’s modeling landscape, social media platforms like Instagram, TikTok, Facebook, YouTube, and Only Fans provided fertile ground for a new type of “model” to emerge – the social media influencer and “instafamous” model.

While such influencers do not fit the traditional “model” prototype, they have taken an unconventional approach to developing their social media presence, and leveraging their online presence in such a way that has enabled them to achieve and sustain an extraordinary level of achievement and recognition within their respective industries. Such influencers have been able to amass millions of followers and achieve an extraordinary level of achievement by inking lucrative brand deals, partnerships, and collaborations with some of the world’s largest companies.

There can be no doubt that the rise of the social media influencer marketing has revolutionized the way that companies do business. That is because the industry has recognized that influencers can engage and connect with their large audiences in a way that cannot be replicated through traditional media figures.

For instance, influencers build relationships with their audiences through sharing their opinions and personal stories, thereby establishing a sense of credibility and authenticity that differentiates them from most conventional models.

Those influencers that have achieved a high level of achievement in their field, by way of sustained national or international acclaim, and a degree of recognition that is substantially above that ordinarily encountered in the field, may qualify for the O-1B visa to live and work in the United States in the area of extraordinary ability.

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Happy Monday! Welcome back to Visalawyerblog. We begin the start of the new week with some disappointing news regarding premium processing fee increases effective today October 19, 2020.

On October 16, 2020, the United States Citizenship and Immigration Services (USCIS) quietly announced a substantial increase in filing fees for premium processing requests filed on Form I-907 that became effective today October 19, 2020,  in compliance with H.R.8337 (Public Law No. 116-159) a continuing appropriations bill that became public law on October 1, 2020.

Pursuant to this new bill, starting today USCIS will increase the filing fee for Form I-907 Request for Premium Processing from $1,440 to $2,500, for all filings except those from petitioners filing Form I-129 Petition for a Nonimmigrant Worker, requesting H-2B or R-1 nonimmigrant worker status.

The premium processing fee for petitioners filing Form I-129 requesting H-2B or R-1 nonimmigrant status is increasing from $1,440 to $1,500.

What is premium processing?

Premium processing provides expedited processing for Form I-129, Petition for Nonimmigrant Worker, and Form I-140, Immigrant Petition for Alien Worker. USCIS guarantees processing within 15 calendar days to those who choose to use this service.

The 15 calendar day period begins when USCIS properly receives the current version of Form I-907, Request for Premium Processing Service, at the correct filing address noted on the form.

Once the I-907 is received, USCIS either issues an approval notice, denial notice, notice of intent to deny, or request for evidence within the 15-calendar day period.

H.R. 8337 will soon expand premium processing service to applications to change or extend nonimmigrant status, applications for employment authorization, and other types of benefit requests.

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We have important new developments to share with our readers regarding the United States Citizenship and Immigration Services (USCIS) planned increase in filing fees for certain applications and petitions, which was set to go into effect beginning October 2nd 2020.

As we previously reported on our blog, in early August USCIS published a final rule in the Federal Register entitled, “U.S. Citizenship and Immigration Services Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements.” This final rule discussed the agency’s planned increase in filing fees for applications, petitions, or requests filed with USCIS postmarked on or after October 2, 2020.

*For a complete list of the planned increases and petitions affected click here.

According to USCIS, the final rule was intended to ensure that the agency would have enough resources to provide adequate services to applicants and petitioners. The agency stated that after having conducted a review of current fees, the agency determined that they could not cover the full cost of providing adjudication and naturalization services without a fee increase.

This news was not surprising to say the least. Since the emergence of the Coronavirus pandemic, USCIS has been facing an unprecedented financial crisis that has forced the agency to take drastic measures to account for its revenue shortfalls.

Federal Judge Grants Injunction Blocking Increase in Filing Fees

In a surprising turn of events, just days before the final rule was set to go into effect, several organizations filed a lawsuit against the Department of Homeland Security to stop the government from enforcing the final rule. Immigrant Legal Resource Center, et al., v. Chad F. Wolf.

On Tuesday, September 29, 2020, federal judge Jeffrey S. White of the District Court for the Northern District of California, granted the injunction temporarily preventing the government from enforcing the increase in filing fees as planned on October 2nd.

As a result of the court order, USCIS is prohibited from enforcing any part of the final rule while the lawsuit is being litigated in court. While the government is sure to appeal the court’s decision, for now applicants can continue to send their applications and petitions with the current filing fees as posted on the USCIS webpage.

In support of his ruling, judge White reasoned that the plaintiffs were likely to succeed in challenging the final rule because both the previous and current acting secretaries of the Department of Homeland Security (DHS) were unlawfully appointed to their posts and therefore were not authorized to issue the final rule. The judge also agreed that the fee hike would put low income immigrants at a severe disadvantage stating, “Plaintiffs persuasively argue that the public interest would be served by enjoining or staying the effective date of the Final Rule because if it takes effect, it will prevent vulnerable and low-income applicants from applying for immigration benefits, will block access to humanitarian protections, and will expose those populations to further danger.”

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Are you at the top of your field in the arts, sciences, education, business, or sports? Do you need to travel to the United States for your work?

The O-1 visa allows people with extraordinary abilities to work in the U.S. for a temporary time. But to get the O-1 visa, you must prove your extraordinary ability in some way.

So what do you do when you don’t have an award like an Oscar or Grammy?

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Have you ever wondered what visa options are available to social media influencers?

Social media influencers have quickly become of the biggest assets for brands seeking to reach millennial audiences by way of influencer marketing.

Influencer marketing refers to a business collaboration with an influential person on social media to promote a product, service, or a campaign. Social media influencers are those who have amassed a large following on social media and have established credibility among their followers within their specific industry.

An influencer can come to the United States and work with brands to promote their goods or services by applying for the O-1B visa for aliens of extraordinary ability in the arts.

To qualify for an O-1 visa, the social media influencer must demonstrate extraordinary ability by sustained national or international acclaim via social media, and seek to come to the United States to work with companies using their social media platform.

What is extraordinary ability?

Extraordinary ability in the field of arts means distinction.  Distinction means a high level of achievement in the field of the arts evidenced by a degree of skill and recognition substantially above that ordinarily encountered to the extent that a person described as prominent is renowned, leading, or well-known in their field.

For social media influencers this means a large following within their field of business such as fashion, gaming, travel, lifestyle, etc.

Evidentiary Criteria:

There are 6 evidentiary criteria that must be met to obtain the O-1B visa:

Evidence that the applicant has received, or been nominated for, significant national or international awards or prizes in the particular field, or evidence of at least (3) three of the following:

  • Performed and will perform services as a lead or starring participant in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications, contracts or endorsements
  • Achieved national or international recognition for achievements, as shown by critical reviews or other published materials by or about the beneficiary in major newspapers, trade journals, magazines, or other publications
  • Performed and will perform in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation as evidenced by articles in newspapers, trade journals, publications, or testimonials.
  • A record of major commercial or critically acclaimed successes, as shown by such indicators as title, rating or standing in the field, box office receipts, motion picture or television ratings and other occupational achievements reported in trade journals, major newspapers or other publications
  • Received significant recognition for achievements from organizations, critics, government agencies or other recognized experts in the field in which the beneficiary is engaged, with the testimonials clearly indicating the author’s authority, expertise and knowledge of the beneficiary’s achievements
  • A high salary or other substantial remuneration for services in relation to others in the field, as shown by contracts or other reliable evidence

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