Chapter 7: Q & A

Q. I submitted my petition with USCIS under premium processing and it’s now in processing stage. How long until I hear back from USCIS?

A decision will be made by USCIS within 15 calendar days. You can check your case status online.

Q. Is there a minimum wage requirement that an O1 applicant needs to be paid?

Yes. The applicant needs to make minimum wage, either at the state or federal level, whichever is higher.

This needs to be in cash, it cannot be equity.

Q. I don’t want to pay for premium processing, how can I check how long will it take for USCIS to make a decision on my petition?

Check the USCIS processing times website to see the latest information about how long cases take on average for each service center. To check which service centre your case was sent to, you can use the USCIS case status website.

Q. Are my dependants eligible to work in the United States?

Unfortunately, no. Your dependants will be issue an O-3 visa which does not grant them the ability to work inside the United States.

But they are able to do full-time or part-time studies.

> Q. Are there any limits to how long I can be away from the U.S while holding my O1 visa?

There are not specifically any restrictions to how long or how often you or your dependants can travel outside the U.S while on an O1 visa. However, staying outside the U.S for too long might raise questions about whether you’re actually maintaining your employment.

Q. I want to change my employer while on an O1 visa status, what are my options?

Please see Chapter 6: Changing Employers.

Q. I think I can get an EB visa, should I even bother with the O1 visa?

It depends, based on anecdotes I’ve seen, it’s more difficult to go directly to an EB visa. The O1 can act as a stepping stone towards an EB visa that will make it slightly easier to get an EB visa.

The other consideration is speed. It generally takes 3 months from start to approval for an O1 visa if you’re diligent. The EB-1 can take much longer. The I-140 takes about 3 months for approval. And then after the I-140 is approved, you might have to wait 4-12 months before you receive your EAD work authorization document.

Q. I got an RFE on my O1 petition but I have new evidence since I submitted my O1, can I include it in the RFE response?

No, any evidence included in the RFE must have existed before the original filing date of your O1 visa. If there is material evidence that you’d like to include, you should probably just file an entirely new O1.

Q. I just got approved for my O1 visa and im headed to the United States. How long before I can file an EB visa petition?

You need to be in the United States at least 90 continuous days before you can file an EB-1 visa.

Q. I was accepted into a startup accelerator. Can I use this as evidence to satisfy the Membership criteria?

Yes, check out Appendix B!

Q. My spouse has an O-3 visa. Is there any way we can get another visa that allows them to work?

Immigrants on O-3 status are not allowed to work in the U.S., regardless of whether they work for an American or foreign company. The only way to be able to work is to obtain a different immigration status, or to apply for a green card.

The most common way is through an F-1 student visa. Although this is a student visa, the holders can become eligible for CPT, OPT, and STEM OPT work authorization depending on the area of study.

The other method is by applying alongside the O1 visa holder when they apply for an EB based visa. The downside here is that it could take several years from application until they receive their green card.

Q. My spouse is on an O-3 visa and is not eligible for a social security number. How can they open a bank account?

There are a couple options. You could use a service like Wise, which has U.S dollar accounts and physical debit cards you can use while in the U.S. They could also use credit cards from their home country and avoid opening a bank account all together. From my investigations on Wise U.S dollar accounts and Canadian credit cards, the rates are approximately the same. With Wise you’ll need to convert from your local currency to USD and with your foreign credit card there will be a foreign currency conversion and they’re approximately the same fees. But double check with your own credit card to understand the conversion rates, this is only true for our credit cards in Canada.

Another way would be to get an Individual Taxpayer Identification Number (ITIN) instead of an SSN. The ITIN can be used to apply for a bank account. To obtain an ITIN, O3 visa holders can file a form W-2 with the Internal Revenue Service (IRS).

Q. We’re filing an O1 petition, who has to pay the filing fees with the government?

By law, petitioners (employers) are required to pay the filing fees for the O visas. However, any legal fees can be paid by you.

Q. Can I use a P.O box for my sponsoring company?

Don’t use a P.O box! This looks highly suspicious to USCIS. You can use a WeWork office, or a “virtual” office address through a company like https://www.usestable.com/ (no affiliation). There are many different virtual office products out there if you search for them.

Q. I received some awesome awards while I was at college, can I use them to qualify for O1 criteria?

Unfortunately, no. USCIS considers awards and achievements only in your professional career, so awards you received while at school likely won’t count unless you had some type of side-hustle during school.