Latest news with #FormI-129
Time of India
a day ago
- Business
- Time of India
H-1B cap filing deadline extended by one day
USCIS has extended the H-1B cap filing deadline for FY 2026. The new deadline is July 1, 2025, at 7:30 pm EDT. This extension addresses technical issues some filers faced. Petitioners should review their forms before submission. The H-1B cap includes 85,000 visas. Missing the deadline means losing the chance for this fiscal year. Tired of too many ads? Remove Ads What is the H-1B Cap Filing Deadline? Tired of too many ads? Remove Ads Fiscal Year Year Held Number of Draws Notes FY 2021 2020 2 Second draw in August 2020 FY 2022 2021 3 Due to low initial filings FY 2023 2022 1 High filing rate in Round 1 FY 2024 2023 2 Second draw in July 2023 FY 2025 2024 1 Single draw; high acceptance-to-filing ratio In a late update on Monday, US Citizenship and Immigration Services (USCIS) announced an extension to the filing deadline for the FY 2026 H-1B cap petitions . The deadline, which was initially set for Monday, June 30, has now been extended by one day to 7:30 pm EDT on Tuesday, July 1, said the extension was due to technical difficulties that may have prevented some filers from completing Form I-129 and the associated Form G-28 drafts. The agency advised petitioners to review their Form I-129 drafts for completeness and restart the Form G-28 draft before G-28 is filed by attorneys or accredited representatives to officially represent employers or beneficiaries. If it was left incomplete or failed to save due to the glitch, the entire petition submission may be rejected or the deadline means losing the H-1B lottery spot, even if the candidate was selected H-1B cap filing deadline applies to employers who were selected in the initial lottery phase for FY 2026 and must now file the complete H-1B petition, including all supporting documentation, before the submission window H-1B cap is set at 85,000 new visas per fiscal year, including 65,000 under the regular cap and 20,000 under the US master's degree exemption. Petitioners who miss the filing deadline for their selected registrations lose the chance to proceed under this fiscal H-1B selection process begins with a registration lottery in March, followed by the petition filing phase. If there are not enough completed and approvable petitions from the first round, USCIS may conduct a second lottery."The prospect of a second lottery are difficult to predict. If we go by the percentage filing in our own office, it is fairly high as compared to other years. This could partly be because a lot of our clients are product based companies. Our other colleagues are reporting relatively low filing numbers," Rajiv Khanna, US-based immigration attorney, commented on the possibility of a second has not yet indicated whether a second lottery will occur, but the outcome may depend on the number of petitions received by the newly extended deadline. In 2023, USCIS conducted two additional lotteries due to low petition filings from the first round. If FY 2026 follows that trend, another draw could happen later this a brief recap of the H-1B lottery patterns over recent years:
India.com
3 days ago
- Business
- India.com
Indians Rush For O-1 Visa: Is This The Easiest Ticket To The US?
O-1 Visa: Traveling to the United States is a dream for many people in India. Many students skilled workers and talented people look for different ways to work and live in the US One visa that is getting popular among Indians is the O-1 visa. It is called the extraordinary ability visa and many people do not know much about it. Here is a simple guide to understand what the O-1 visa and how it can help you Meaning of O-1 Visa? The O-1 visa is a nonimmigrant visa. This visa is for people who have special talent or skill in their field. It is mostly for people in arts science sports education business or movies. The visa is given to those who can show that they are at the top in what they do. This visa allows them to live and work in the US for a certain time. Who Can Apply for an O-1 Visa? Many people think this visa is only for film stars or big scientists but that is not true. Many normal people with special skills can also apply. If you are an artist musician researcher chef designer writer or sportsperson, you can try for an O-1 visa. You must have proof that your work is unique and people in your field know your name. Awards media coverage published work or special positions help your case. Why are Indians Choosing the O-1 Visa? In the past, the H1B visa was the top choice for Indians who wanted to work in the US But now the process has become tough and many people do not get it easily So they are looking for new ways. The O-1 visa is a good option because there is no yearly cap like the H-1B. This means more chances to get it if you qualify. Also, an O-1 visa can be processed faster and you can take your family too. Benefits of O-1 Visa The O-1 visa has many good points. First, you can work with top companies in your field. You can also work on projects that match your skills. You can change employers if you want but you must file a new petition. You can bring your spouse and kids under an O-3 visa. They can study in the US but cannot work. You can extend your O-1 visa as long as you continue your work and have support from your employer. How to Apply for an O-1 Visa? You cannot apply for an O-1 visa yourself. You need a US employer or agent who will file the petition for you. They will send Form I-129 and proof that you have extraordinary ability. You must have letters from experts in your field and proof of your work. Once approved, you can attend an interview at the US embassy in India. Final Tips for O-1 Visa Applicants The O-1 visa is a strong option for Indians who have special talent But you must be ready with all documents. You must have a good lawyer or agent to help you collect proof. Many people do not know that good documentation makes the process smooth. Also start early so you have time to prepare well. The O-1 visa can open doors to a bright future in the United States. If you have talent and big dreams this visa can help you live and work in the US without worry. Know your skills prepare well and use this new entry scheme to reach new heights.
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Business Standard
3 days ago
- Business
- Business Standard
Missed H-1B lottery? O-1 visa could now be your best US work option
Indian professionals who didn't get picked in the H-1B lottery still have a way forward—through the O-1 visa. It's not for everyone, but for those who qualify, it offers a clear, uncapped route to work in the United States. 'This visa is for individuals with extraordinary ability,' said Varun Singh, managing director at XIPHIAS Immigration. 'It includes professionals from science, education, business, athletics and the arts.' Who qualifies Applicants need to show sustained national or international acclaim in their field. That could mean: Scientists with patents or landmark research Business leaders with substantial industry contributions To qualify, you'll need to provide strong evidence—awards, media coverage, original work, or membership in elite professional associations. The visa is backed by documentation, not chance. According to US Citizenship and Immigration Services (USCIS), there's no lottery, and no annual cap. However, applicants must have a US sponsor or agent to file the petition—self-petitioning is not allowed. Types of O visas The O category is divided into: O-1A: For science, education, business, or athletics (excluding the arts and entertainment) O-1B: For those in the arts, film, or television industry O-2: For support staff accompanying an O-1 visa holder O-3: For spouses and children of O-1 and O-2 visa holders Does the O-1 visa lead to a green card? Not directly. But it's a dual intent visa, which means holders can apply for a green card while on O-1 status through employment-based immigration or other eligible routes. How to apply for an O-1 visa from India 1. Find a US sponsor or agent A US employer, agent or organisation must file on your behalf. If you're working across projects—common in the arts—a US-based agent can submit the petition. 2. Gather documentation You'll need proof of your extraordinary ability. This can include: Major national or international awards Published work or press coverage Exclusive membership in professional bodies High remuneration compared to peers Original contributions (like patents or innovations) Participation on judging panels Commercial success (such as box office revenue or citations) Those applying under O-1B (arts) need to show a high level of distinction but may need fewer types of documentation than those in science or business. 3. File Form I-129 with USCIS Your US sponsor must submit Form I-129 to the US Citizenship and Immigration Services (USCIS), including: — A consultation letter from a peer group or labour union (mandatory for O-1B) — Work itinerary — Signed contract with the employer Processing time: Regular: 2–3 months Premium: 15 days (fee: $2,805) 4. Wait for USCIS decision If approved, you'll receive a Form I-797 Notice of Approval. This confirms petition approval, but is not a visa. 5. Apply for the visa at a US consulate in India Next, complete the DS-160 form online and pay the visa fee of \$190. Schedule an interview at a US consulate—options include Delhi, Mumbai, Hyderabad, Chennai and Kolkata. Carry: Your passport DS-160 confirmation Form I-797 Form I-129 and supporting documents 6. Enter the US Once approved, you can travel up to 10 days before your job starts. O-1 visas are typically valid for up to 3 years and can be extended in one-year increments. Key points — Spouses and children under 21 can apply for O-3 visas (but cannot work) — There's no cap on the number of O-1 visas issued each year — Status changes from another visa type (e.g. H-1B to O-1) are allowed For many highly skilled individuals, the O-1 visa can be an open door—provided they have the recognition and records to prove it.
Hindustan Times
18-06-2025
- Business
- Hindustan Times
Fired from your job? Here's what thousands of H-1B workers can do
The immigrant employee post-termination guide has been shifted to the digital archives of the United States Citizenship and Immigration Service (USCIS) which suggests that even though it may no longer be applicable in the same manner, it's still available to refer to those recently fired from their jobs. When a non-immigrant worker's employment ends, either by choice or force, they typically either become beneficiaries of a nonfrivolous petition to change employer or file an application for change of nonimmigrant status, adjustment of status, or a 'compelling circumstances' employment authorization document. ALSO READ| What is USCIS's new policy for green card applicants starting from 11 June? Here's a rundown One of these actions is required to be taken during the 60-day grace period extended to recently unemployed nonimmigrants and is usually calculated based on the last day a salary or wage is paid. Failure to take any action during this period can result in a person being forced to leave the country either once the period ends or on their authorization date, whichever option is closer. The grace period is usually provided to help beneficiaries look for suitable alternative employment or allow their spouses to continue their job roles if they carry an Employment Authorization Document or are employment-authorized incident to status. H-1B visa holders caught up in such a situation can start their new job role as soon as their employer files Form I-129, rather than waiting for it to be approved. However, those filing for jobs in different classifications need to wait for approval which takes less than 15 business days to come through. Those under the grace period are not permitted to leave the country. Failure to comply may require them to seek a new immigration status for re-entry. In the circumstance of a non-immigrant worker being outside the country at a time when the notice period has ended, the grace period is no longer applicable. If the person returns before the lapse of their notice period, a discretionary grace period may be provided. Students in the US on a 24-month Science, Technology, Engineering, and Mathematics (STEM) OPT cannot acquire more than 150 days of unemployment during this period, including the post-completion phase and 24-month extension. Those on an F-1 visa cannot acquire more than 90 days of unemployment during post-completion of OPT since their visa status is attached to their employment. ALSO READ| Demand for H1-B visa continues, USCIS receives over 3.5 lakh registrations in FY26 The 60-day grace period is only applicable to those holding E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, or TN classifications (and their dependents).
Time Business News
22-05-2025
- Business
- Time Business News
Breaking Down the O1 Visa Requirements: A Pathway for Extraordinary Talent
The United States continues to attract global leaders, innovators, and creators through its immigration policies—particularly those designed to welcome individuals with exceptional abilities. One of the most prestigious and strategic visa options for such individuals is the O1 visa. However, gaining approval isn't simple. Understanding the full scope of the O1 visa requirements is critical for professionals hoping to live and work in the U.S. based on their distinguished achievements. Whether you're an accomplished scientist, renowned artist, elite athlete, or industry trailblazer, the O1 visa offers a direct route to pursue your work in the U.S.—without many of the limitations tied to other employment-based visas. But this opportunity comes with strict qualification standards and documentation demands. The O1 visa is a non-immigrant visa for individuals who possess 'extraordinary ability' in the sciences, arts, education, business, or athletics—or who have a demonstrated record of extraordinary achievement in the motion picture or television industry. There are two main categories: O-1A: For individuals in sciences, education, business, or athletics O-1B: For individuals in the arts or in the motion picture/TV industry O1 visa holders can work in the U.S. temporarily for the specific employer or agent who files their petition. To qualify, the applicant must prove they have extraordinary ability, which means a level of expertise indicating that the person is one of a small percentage who has risen to the very top of their field. Applicants must provide evidence of either: A major, internationally recognized award (e.g., Nobel Prize, Oscar, Olympic medal), or or At least three of the following criteria, such as: Receipt of nationally or internationally recognized awards Membership in associations that require outstanding achievement Published material about the individual in professional or major trade publications Original contributions of major significance in the field Authorship of scholarly articles A high salary or other significantly high remuneration Participation as a judge of others in the field Employment in a critical or essential capacity for organizations with a distinguished reputation The bar is high—but not unattainable. Success depends on not only the applicant's accomplishments, but also how well those achievements are documented and presented. Petitioner or Agent: Unlike self-petitioned categories like EB-1A or NIW, the O1 requires a U.S. employer or agent to sponsor the applicant. Advisory Opinion: A written consultation from a peer group or labor organization is required to verify the legitimacy of the applicant's extraordinary ability. Form I-129 Filing: The sponsor must submit Form I-129, along with detailed documentation about the applicant's background, upcoming work in the U.S., and evidence supporting their eligibility. USCIS Review: The agency evaluates the evidence and may issue a Request for Evidence (RFE) if clarification is needed. Approval and Duration: The O1 visa is typically granted for the duration of the event, up to three years initially, with one-year extensions allowed. Even highly qualified individuals may face delays or denials due to avoidable errors. Here are some common pitfalls: Weak evidence formatting: Poorly organized or vague documentation can lead to RFEs. Lack of advisory letter: Missing or weak third-party evaluations are red flags for USCIS. Improper petitioner: Using the wrong legal structure for agents or employers can invalidate a case. Overlapping engagements: Applicants working for multiple clients must demonstrate that all engagements are tied together under a central agent. No annual cap: Unlike H-1B, there's no lottery or limit on the number of O1 visas issued each year. Dual intent: While technically non-immigrant, O1 holders can later apply for a Green Card without jeopardizing their status. Spouse and children support: O1 visa holders can bring dependents on O-3 visas, though spouses cannot work. Custom duration: Tailored to the length of the project or event, making it ideal for performers, researchers, and consultants. Many successful O1 visa holders eventually seek permanent residency through the EB-1A Extraordinary Ability category or EB-2 NIW (National Interest Waiver). While O1 and EB-1A have similar criteria, Green Card petitions demand more sustained evidence of achievement. Planning early can ensure a smoother transition. Whether you're a groundbreaking artist, a trailblazing scientist, or an executive launching projects across borders, meeting the O1 visa requirements is just the beginning. How you present your case—and who represents you—can be the deciding factor. Kulen Law Firm has helped hundreds of extraordinary professionals and creators secure O1 visa approvals and long-term immigration solutions. With over 15 years of experience in U.S. immigration law, their team offers strategic, detail-oriented support for talent-driven immigration cases worldwide. TIME BUSINESS NEWS
