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O1 visaself employed author,

 
Brian D. Lerner's Avatar
  • Answered by:Brian D. Lerner
  • Immigration Attorney
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Customer Question

Hi, I am wondering about an O1 visa, am a self employed author, published, not self publsihed, and known public speaker. I am traditionally qualified, but have had 4 books published, and work with Native American shamans in a consultative capacity. I have been self emplyed for 18 years. I would classify myself as an author/healer.

 

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State/Country relating to question: California

Already Tried:
nothing....this is my first attempt

Submitted: 699 days and 23 hours ago.
Category: Immigration Law
Value: $30
Status: CLOSED

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Expert:  Brian D. Lerner replied 699 days and 16 hours ago.


Brian D. Lerner :

Hello: I am pleased to try to help you with your Immigration situation so that you will be able to know what must be done.

Brian D. Lerner :



O (Extraordinary Alien) Visa
An O Visa is for persons who have extraordinary ability in the arts, sports, sciences or business. Because the H-1B's are used up so quickly, this is a good visa for those persons who have been in the business for quite some time or for people who have demonstrated success over the years. There needs to be an employer who will petition them. If approved, it can last up to 3 years and eventually, an application for Permanent Residency could be submitted.

However, you will need a sponsor.

Brian D. Lerner :

While H-1B's have a limit, the O's don't.

Brian D. Lerner :

If you can get a publishing company or any agent with the company to sponsor you, the O can go forward.

Customer :

I am self employed, publishers do not sponsor authors in general. So, it would seem that no visa is suitable for a self employed individual such as myself, even if I want to be in the US to research my next book (5th)

Customer :

Sponsorship means a job offer? Please specify..Thank you.

Brian D. Lerner :

Not necessarily. A sponsor for O-1 purposes, might mean an agent to find you book deals, or an agent to book signings, etc.

Brian D. Lerner :

However, if you are in a treaty country, you could do the E-2.

E-2 Treaty Investor Visa Petition
An E-2 Visa is one of the nicest working visas as it allows you to run your own business, and while it periodically needs to be renewed, you can stay here in the U.S. as long as you like on the E-2. Normally, this type of E-2 Visa would require and investment of $50,000 to $100,000U.S. to successfully process. The more capital investment that is required for the business, the higher the investment. Additionally, your spouse and unmarried children under 21 years old can come as beneficiaries to your approved E-2. Your children will be able to go to school in the U.S. without having to get a separate student visa (as long as they are not in college.) The spouse will be permitted to apply for a work permit to work anywhere in the United States. A great deal of the success of the E-2 Petition is how it is prepared. The higher the investment, , the easier it is to get approved. The type of company that would either be purchased or the type of company that would start from scratch is wide open depending on what you would like to do.

This petition is usually 2-4 inches thick. It consists of the petition itself, the complex business plan with numerous charts and figures, and if needed, the incorporation papers. Once submitted directly to the Consulate, it takes between one and three months for approval. It can also be submitted to U.S. Immigration for a change of status. The price below consists of preparation of the E-2 Petition, the complex Business Plan and the incorporation charges. My firm can also do the incorporation of the business in the U.S. It is more than simply preparing the Articles of Incorporation as immigration requires many other documents such as the Stock Transfer Ledger, Stock Certificates, Bylaws, Notice of Meetings among other items.

Customer :

I don't have the finances for E1/E2 option.

Brian D. Lerner :

In that case, don't look for an employer. Look for anyone able to sponsor you for anything regarding your books.

Customer :

I am currently working with a US Citizen who is an Apache Shaman (porvable), my books are regarding ethnic/traditional healing, frm a western psychological perspective, they are also about peace and reconcilliation. If she would to sponsor me, what are her responsibilities?

Customer :

I meant: provable

Brian D. Lerner :

First, hopefully you are not in the U.S. working as that would be a violation. She can sponsor to have you in the same capacity you are working for her now. She would have the obligation to pay you and have you work in that capacity as stated in the O-1.

Customer :

so, it seems that I cannot be self employed with the 0-1 visa.....

Brian D. Lerner :

Correct.

Expert TypeImmigration Attorney
Category: Immigration Law
Pos. Feedback: 98.7 %
Accepts: 309
Answered: 5/7/2011

Experience: Licensed since 1992 and a Certified Specialist in Immigration and Nationality Law. Hablo español.

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