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There is a lot to think about before you and your family can begin living and working in the United States. Many immigrants who have received O-1 visas could have saved a lot of precious time, money, and heartache if they had only been warned about the most common pitfalls of the extraordinary ability visa.
At Jatoi & de Kirby, A.P.C., we believe in educating all of our clients about the difficult aspects of their visa in order to allow them to make the best possible decisions for their families. Here are just few common problems with O-1 visas:
- Changing employers – In order to change employers while in the U.S. under an O-1 nonimmigrant visa, your new employer must file a new Form I-129 with USCIS. If this request is denied and you have left your former employer, you may face deportation proceedings.
- Family members – While you may wish to bring all of your family with you to the U.S., immigration laws only allow spouses and unmarried children under the age of 21 to accompany O visa holders. It is vital that family members with O-3 visas do not work while they are in the U.S. However, they may attend school, college, or other educational courses.
- Cost of termination – Many workers whose visas are invalidated because of termination are led to believe that they must pay their own return transportation costs. However, if your employment was ended for reasons other than non-compliance of the terms of your visa, your employer or agent must pay for the reasonable cost of your return transportation to your last place of residence.
