O1 visa without lawyer

[LDubbs 0]

Ive been combing through all the topics tagged "O1" and there seems to be some inferences that it's not possible to achieve without a lawyer. I have considered going that route, but have also heard from other Canadians that ended up with other US visas, that it was a colossal waste of money. Frankly, I would rather spend the $10,000 a lawyer is going to cost me on real estate or something.

ANYWAY..

My situation is I am a tattooer in Canada that has a job offer in NYC. I am considering applying jointly for both H1B and O1. I have found this, but have been able to locate any info on the actual validity or benefits of the package:

http://www.o-1artistvisa.com/o1-visa-package/

Any insight is appreciated.

[Boiler 45,493]

Does not cost you anything, your Employer picks up the cost so best of with a good lawyer.

Seem to remember there was someone in the same line of work that posted in the last year, do a search?

Edited August 12, 2016 by Boiler

[LDubbs 0]

i actually dont know any tattooer that has had their shop pick up the tab in regards to a lawyer, as we are essentially self employed. we are commission based, so if we are looking to immigrate, we can be guaranteed a space to work, but we're still responsible for the costs. i had found a reddit topic on the matter, but wasnt able to locate the thread here. thanks very much though!

[Boiler 45,493]

H1b is for employees.

O1, well not a diy, especially in your situation.

[mindthegap 2,590]

You can do an O without a lawyer - i have several colleagues who have - but it can be a hefty amount of paperwork and evidence of ability/acclaim that you have to provide, and a good lawyer with experience of O petitions can work wonders and will know the best ways to do this.

I rarely suggest getting a lawyer involved for standard visa applications with no waivers required or other complications, but in the case of an O, I definitely would recommend it.

However, your immediate issue is that although O1s are often used for professions that are traditionally self employed and/or freelance like yours, you DO still require a sponsor - usually an agent in the music or entertainment fields - and you cannot self petition. Your shop would have to formally sponsor you.

However, if think you reach standard of extraordinary abilities required for for an EB1-A, you could self petition for that and get an instant permanent resident card, with no sponsor required.

Edited August 12, 2016 by mindthegap

[LDubbs 0]

The employer is willing to petition, I am just stuck picking up the costs. It sounds like I may run into more trouble due to NOT having a lawyer, as in they may question me as to why I don't have a lawyer.. so I might be stuck with having to get one. Thanks very much, I appreciate the insight from you both? Now, anyone recommend lawyer specifically with O1 experience? I have a couple of names but theyre closer to the $400/hr mark.

[Boiler 45,493]

I would find people in your business who have successfully gone that route and seek recommendations.

[goblin 26]

Typical O1 lawyers charge a flat fee that can vary between 2-5000$ plus gov fees. Depending on your time frame also premium processing might be necessary. Technically you can do it yourself but depends completely on your case and references. In most cases though a lawyer is recommended.

Also should mention an EB1-A is an immigrant visa with the clear intention to move to the US and so it is harder to get. An O1 can be issued up to 3 years and then renewed or just be valid for the period of employment. It is generally "easier" and faster to get. As already said you NEED a sponsor for the O1 to serve as your US petitioner. That can be the employer or an agent and you are then restricted to work for them in your field of endeavor.

Edited August 24, 2016 by goblin