Complete FAQ guide for U.S. visa applications.
Learn about eligibility criteria, processing times, costs, and how Beyond Border's 98% success rate helps you move to the U.S. with confidence.
AI and technology domains are generally viewed favorably for national interest arguments. Proprietary tech development strengthens EB-2 NIW cases. Innovation in strategic sectors receives positive consideration.
For eligible cases, we can recommend profile building support guided by our attorneys and in-house team with domain knowledge. Will advise if case not viable even with profile building. We will respectfully turn down cases that do not meet our approval standards, with actionable advice which you can use to strengthen your profile overtime.
We specialise in technology and entertainment profiles, across all seniorities. 98% success rate for O-1 visas, EB-1 and EB2-NIW green cards.
Case by case. We generally follow our own documentation standards which requires rework. Document collection is collaborative effort, guided by our in-house legal team.
You should update financial information before submission. Documentation must be current at time of filing.
Nominal value of your fully diluted ownership can be considered.
Each requires separate petition and attorney session. Strategic timing based on individual readiness.
Each founder is assessed individually. Special rates available if we proceed with multiple cases.
EB-2 has additional waiting period after I-140 approval. Priority date must become current before work authorization.
We offer an attorney guided, ethical profile building service. Every case is supported in tailored manners. This generally includes USCIS-compliant press mentions, recommendation and application of relevant memberships, judging opportunities. Up to 6 months for most cases. Can be as quickly as 1 month. We comply with strict protocols, and do not support fabrication of any qualification evidence.
O-1 based on individual extraordinary ability, not specific business. Field alignment important but some flexibility exists. Attorneys assess case-by-case basis.
Can use previous academic/research achievements, if relevant to business. Publications and citations from your field count.
Academic honors generally do not count. Publications can qualify as scholarly articles if they meet citation threshold. Publication strength and citation matter, and are industry specific. Speak to our immigration advisors to learn more.
Yes, renewals don't require continuous US presence. Must show continued work in field during visa period. Working remotely or from home country is acceptable.
O-1 has no minimum US presence requirement. Can hold visa while remaining in home country. Normal processing takes up to 12 months depending on profile strength. Plan accordingly.
Prior rejections don't automatically disqualify from O-1. Different criteria than tourist/student visas. Attorney review essential for cases with rejection history.
No conflict between O-1 (US) and Global Talent Visa (UK), or any visas generally. Each country has separate requirements and restrictions. Strategic timing may be beneficial.
O-1 allows immediate relocation upon approval (unlike H-1B October start). No minimum US residence requirement. Can maintain residence in home country while holding O-1.
Yes, but requires new petition with new sponsoring entity. Agent route allows multiple freelance contracts simultaneously. Can secure 3-year visa with short-term contracts. This is highly technical and case specific. Speak to our immigration advisors to learn more
You cannot work on personal startup while on H-1B for another company. O-1 provides pathway to legally work on own business. Timeline considerations important for transition.
Any form of institutional funding may qualify. Case specific. Funding is one of the supporting evidence, but O-1 is generally anchored around personal merits related to the 8 qualifying criteria. Many of our clients are stealth or bootstrapped Founders.
Beyond Border is the most competitive amongst O-1 legal service providers for cases in technology and entertainment. We work with a network of pre-vetted, O-1 specialist attorneys who are familiar with technology and entertainment cases. Our network attorneys maintain a 98% approval rate, and above industry norms. No hidden nor extra cost on RFEs. Exclusively working on technology and entertainment cases. Domain knowledge is critical to translating your industry achievement in layman terms for USCIS assessment.
Document collection is collaborative effort. We proactively guide our clients through documentation collection, as most clients are unable to gather the evidence in appropriate formats and sources approved by USCIS.
Unlimited 1-year extensions available. Must continue working in approved field. Extension process much simpler than initial petition.
All RFE costs covered by Beyond Border. Do note that RFEs are increasingly common under the current U.S. administration. Additional attorney and legal team bandwidth to manage your RFE is included in service fee with no extra charges.
Prior rejections don't automatically disqualify. O-1 based on extraordinary ability, different criteria than student/tourist visas. Attorney review essential for cases with rejection history.
Yes, no minimum US residence requirement. Can travel freely in and out of US. Different from green card residence requirements.
O-1 approval time is the same regardless of nationality. Visa consulate wait time varies across countries. Our legal team advises on consulate strategy for foreign applicants as part of our process. EB-2 wait times vary dramatically: 2-3 years (most countries) vs 10+ years (India/China). No annual country quotas for O-1.
Individual awards preferred. VC funding can be considered under the Awards criterion, but case specific. Government grants and accelerator qualification may qualify, but case specific. Speak to our immigration advisor to learn more.
Top 5% in field AND geographical area. Equity component counts toward valuation. This is highly technical and case specific. Speak to our immigration advisor to learn more.
Patents (can be filed outside US). Your companies' traction can be considered for original contribution. Groundbreaking technology or business model. Major industry partnerships or collaborations. Quantifiable business impact. Every case (and your business) is different. Speak to our immigration advisor to learn more.
We charge a US$50 consultation to assess eligibility. All profiles required screening before we kick off your petition process to ensure eligibility and profile fit.
Yes. We offer special rates if more than 1 person applies with us. Speak to our immigration advisor to learn more.
No, multiple qualification pathways exist. High remuneration, industry recognition, business achievements also qualify.
Attorneys screen during paid consultation. We can only take on a case if it has been approved by our pre-vetted network attorney with high approval rates and domain expertise (both industry and visa / green card type). You have full clarity on qualification odds from our attorneys before you commit to the full process.
Yes, VC funding is generally viewed favorably. YCombinator, Techstars, 500 Startups, Antler, Entrepreneur First and other prominent accelerators are great validations for O-1 qualification. We work with Founders and Executives with all the above mentioned accelerators. This is not an exhaustive list. Speak to our immigration advisor to learn more. Typically, CEO/founders at venture backed companies, past or present, help with qualification under critical employment. Speak to our immigration advisor to learn more.
98% O-1, EB-1 success rate. Our pre-vetted, O-1, EB-1 and EB2-NIW attorneys have more than 4,000 total visa cases approved.
Also eligible for O-3 dependent status. Can study in the U.S. but cannot work. Same restrictions as spouse. Speak with our immigration advisor to check if your dependent hits the age limit.
Spouse gets O-3 status but cannot work. Can live and study in US. Legal fee with credible attorney usually starts at US$2,000 per O-3 petition.
L-1 is an intracompany transfer visa without unlimited extensions. There are strict requirements around your sponsoring U.S. entity and your employment status in the last 3 years. For example L-1 requires physical US office space (not hot desks). O-1 based on extraordinary ability, not company structure, provided that there is a valid U.S. sponsoring entity. O-1 offers more flexibility for entrepreneurs.
Yes, and commonly done. O-1 allows employer flexibility that L-1 doesn't provide. O-1 and your L-1 / H-1B / F-1 visas are viewed separately, and outcomes do not influence decision and validity of your current visa until approval.
Varies amongst cases. Our attorneys and legal teams draft your recommendation letters; recommenders just sign. We run a thorough network analysis to ensure your references are helpful to your visa or green card petition.
Profile building is an attorney-guided process to find, pitch and obtain relevant external validations pertaining to USCIS qualification criteria to improve your visa and green card approval odds. Importantly, profile building can only be anchored around your personal merits, and are done with strict adherence to our ethics guidelines, guided by our partner attorneys and in-house legal professionals. This generally includes relevant press coverage, application to related judging opportunities and memberships, recommendation of reputable journals and publications fit to your field of expertise. Our profile building guidance is strictly based on your current merits. Speak to our immigration advisor to learn more. Not every case requires profile building. Takes between 1-6 months, depending on case complexity.
Additional $2,805 for 15-business-day USCIS decision. Recommended for urgent timelines with less than 4 months to target arrival date in the U.S. Total timeline will still be up to ~3 months end-to-end, including approval time
Normal processing: 10.5 months (increased under Trump administration). Premium processing: 15 business days + 3 months total. Petition preparation: 1 month guarantee with Beyond Border. Profile building adds 1-3 months if needed, and as deemed necessary by our attorneys.
Service fee: $6,000-10,000 (O-1A) / $6,000-10,000 (O-1B), depending on case difficulty. USCIS fees: $1,300 (normal, but varies based on number of employees of your U.S. sponsoring entity) + $2,805 (premium processing). Attorney session: $50-250
O-1: Refund guarantee available. Speak to our immigration advisor to learn more. EB-1A/EB-2: Refund guarantee available. Speak to our immigration advisor to learn more. We work with pre-vetted O-1, EB-1 and EB2-NIW attorneys with 98% approval rate, so if our network attorneys take your case, you are in safe hands with downside protection via our refund guarantee
Degree or similar academic award relating to your area of exceptional ability. This includes, but is not limited to: 10+ years of full-time experience in your occupation. A license/certification for your profession or occupation. Exceptionally high salary. Membership in a professional association(s). Prizes, Awards, or other Recognition for your achievements. EB-2 NIW starts typically at US$9,000 service fee with credible lawyers, 2-3 year wait for non-Indian/Chinese nationals.
Yes, can apply simultaneously with the O-1 process. You do not need to wait for O-1 approval. Don't need to wait full 3-year term
The EB-2 NIW visa is designed for those who have an advanced degree OR exceptional ability, and can demonstrate that their work is of national interest to the U.S. Note that advanced degree is not a must, provided that there are other qualification fit. The EB-2 is a Green Card. NIW stands for "National Interest Waiver". It allows you to self-petition (file without a sponsoring employer) and avoid the lengthy Permanent Labor Certification Process (PERM). The "Waiver" means that the U.S. government is making an exception in certain cases that are in the national interest, and therefore waives the requirement to go through the PERM process.
EB-1A green card has 10 criteria; 8 of them overlap with O-1. You can apply for both simultaneously, using the O-1 as an interim solution while waiting for the EB-1A to run its course. O-1 is a natural pathway to EB-1A qualification.
Yes. You can sponsor yourself via a simple Delaware C-Corp ($2-hour setup). O-1A agent route also available with work contracts from a U.S. entity that doesn't belong to you, through the O-1 Agent route. Speak to our advisor to learn more.
Yes. You will need to fit at least 3 out of 8 qualifications - speak to our advisor for more information. We can support recommendations on relevant external recognitions based on your individual merits for O-1 profile readiness.
O-1A: All fields. Beyond Border has a specialisation in technology and entertainment cases. O-1Bs are for professionls in arts and entertainment primarily.
Minimum 3 out of 8 criteria required. We typically recommend 4-5 criteria fit. We can support recommendations on relevant external recognitions based on your individual merits for O-1 profile readiness with attorney guided profile bullding endeavours.
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