O1 visa- Please be very careful

[sicinus 0]

Hello,

Just a post to ask people who are considering entering the US on an O1 visa to be very careful. I have been here for 3.5 yrs and have not had the best of times, being brought in by my (former) employers as an expert, it became apparent very quickly the O1 was a way to a means for them. Having just been fired I would also ask that people be aware that if this happens to you while residing in the US, you will have very few labor rights and will have to take care of yourself very quickly once this happens. If like you, you have children in school, taking them out and repatriating within 7 days is extremely traumatic, especially if you have to pay for the whole thing yourself.

Once again please be very careful and consider whether it is worth it...if it goes wrong, it will cost you a lot of money

[Boiler 45,486]

It is a temp work visa, like many others.

People often forget the temp bit.

And making sure the Employer picks up costs both ways.

[HFM181818 750]

there is nothing more permanent than a temporary worker!

[Transborderwife 4,666]

It's a risk that you take

[sicinus 0]

Yes, I understand that its a risk, I just wanted to make sure people took in all the pro's and con's from my experience here...like being told it was an employment contract at the interview and then being told that it wasn't the day I turned up for work.Job description change on the day I arrived to work. Like my co-workers getting 1 months notice and me not. Being told to that I couldn't enroll in the ESOP program because of being 'a special employee'....

I would suggest getting an employment lawyer here in the US to look at anything very closely before committing. Especially for exit strategy

[Boiler 45,486]

I see this subject come up on other Boards regularly, US law is obviously different and varies between State to State and of course each Employer will be more or less generous.

The extent of legal advice need depends on your comfort level, but yeas things need to be negotiated and evidence before you move.

[HollywoodNorth 22]

O1 is a dual intent visa, and with an O1 you are pretty close to self file as an alien of outstanding ability for a green card. If you meet the criteria for self filing then that would allow you to stay while the paperwork is being processed [ie. EB-1A or NIW] without a job.

In the situation of a layoff with an O1, I would immediately search for another job sponsor, if they can file in a timely matter, you should be ok. I've done this in the past with an O1 since I had enough warning to secure work at another company that was willing to sponsor another O1 visa. It's important as a O1 visa worker to keep a full copy of your O1 visa submissions in case you need to file for a new one at another company [ie. keep copies of reference letters, articles, supporting documentation]. If you don't have a copy contact your immigration attorney and ask for a copy. You may get it for free in PDF form, or pay a small fee, depends on the particular office.

But as others said, a work visa is for temporary work and there's no guaranteed job security. I've had friends who lost their jobs and visas within days of starting work. I've lost my job before, but I managed to get enough warning where I can port my H1B to another company or file for a new O1 petition.

Always plan for the worse, but hope for the best.

Keep copies of your Labor Certifications, supporting docuements and all your prior visa applications in case you need to obtain a new job and visa in order to maintain status.

I've been through it a few times.

Edited February 6, 2016 by HollywoodNorth

[millefleur 5,046]

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