Common Mistakes That Can Prevent You Getting Approved For An O-1 Visa

The O-1 visa is a visa for individuals who have extraordinary abilities and achievements. For an applicant to obtain an O-1 visa, there are certain things they must do, and certain problems they must avoid.
How Often Do O-1 Visas Get Approved?
The O-1 visa approval rate for the past three-years is as follows:
- 2021: 91.95% Approval Rate
- 2020: 95.34% Approval Rate
- 2019: 97.04% Approval Rate
Each one of these percentages is based on the number of O-1 visa applications received and, then, the number of O-1 visa applications that were accepted.
Given these statistics, the likelihood of getting approved for an O-1 visa is quite high. But, a visa denial is still possible, especially if an applicant makes certain mistakes.
What Can Prevent You From Getting An O-1 Visa?
Every single O-1 visa applicant must follow a specific set of rules. Each one of these rules define the ways in which an O-1 visa application can be filed and what this application looks like.
Some of the most important rules every O-1 visa applicant must be aware of are as follows:
- The O-1 visa requires a petitioner and, as such, cannot be self-petitioned.
- Every O-1 visa application requires a contract and an itinerary, both of which must pertain to the employment opportunity that was offered to the applicant.
- The O-1 visa application must clarify the applicant’s accomplishments and demonstrate that they possess extraordinary abilities.
- Every O-1 visa applicant must demonstrate that their achievements are sustained and, as such, have not been fleeting or intermittent, over a short or long period of time.
Each one of these rules is very important. But, it is easy for O-1 visa applicants to forget these rules and, as such, to file an application that does not engage with these rules.
To ensure that their O-1 visa application is accepted, an applicant must be aware of the rules outlined above and, then, they must follow them.
What Other Things Can Prevent You From Getting An O-1 Visa?
Right after an O-1 visa applicants Form I-129 is accepted, the Department Of State will then conduct a secondary review process. Some of the problems that can arise, during this secondary review process, are as follows:
- The applicant has a criminal record.
- The applicant is unable to demonstrate their extraordinary abilities.
- The applicant has no online presence and, as such, is difficult to learn more about.
None of the above involve any particular requirements, per se. But, they do involve things that the Department Of State often looks for when reviewing an applicant.
For an applicant to avoid these problems, they should ensure that:
- They do not have a criminal record.
- They can demonstrate and/or explain their extraordinary abilities.
- They have an online presence of some sort.
Each one of the above will ensure that the Department Of State’s secondary review process goes well and leads to an applicant receiving their O-1 visa.
Speak With A Houston O-1 Visa Lawyer Today
Developing an effective O-1 visa application can be tricky. Speak with a Houston O-1 visa lawyer today and we will assist you in producing an effective application and getting your O-1 visa.
Source:
uscis.gov/working-in-the-united-states/temporary-workers/o-1-visa-individuals-with-extraordinary-ability-or-achievement
travel.state.gov/content/travel/en/legal/visa-law0/visa-statistics/annual-reports/report-of-the-visa-office-2021.html
travel.state.gov/content/travel/en/legal/visa-law0/visa-statistics/annual-reports/report-of-the-visa-office-2020.html
travel.state.gov/content/travel/en/legal/visa-law0/visa-statistics/annual-reports/report-of-the-visa-office-2019.html
uscis.gov/sites/default/files/document/forms/i-129.pdf
Related Articles
I-9 Audits and ICE Enforcement Trends: What Texas Employers Need to Know Now
For Texas employers, immigration compliance has entered a new era of heightened scrutiny. I-9 audits and worksite enforcement actions are no longer rare or industry-specific events. They are an increasingly common risk for businesses of all sizes,...
ImmigrationU.S. Pauses Immigrant Visa Issuances for Nationals of 75 Countries: What Houston Employers and Families Need to Know
A major shift in consular immigration policy is poised to affect thousands of U.S. employers and families beginning early next year. According to reporting by Law Commentary, the U.S. State Department will pause the issuance of immigrant visas for...
ImmigrationGreen Card Sponsorship for Startup Employees: Unique Challenges and Strategic Solutions
For venture-backed startups in Houston, talent is often the most valuable asset on the balance sheet. Founders compete aggressively for engineers, scientists, product leaders, and executives who can move quickly and build at scale. Increasingly,...
