FAQs

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.

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Are AI/tech startups treated differently in the current climate?

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.

How do you handle cases that don't meet minimum criteria?

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.

What's Beyond Border's track record with diverse profiles?

We specialise in technology and entertainment profiles, across all seniorities. 98% success rate for O-1 visas, EB-1 and EB2-NIW green cards.

Can I get a discount if I've already prepared documentation?

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.

What if company valuation changes during application?

You should update financial information before submission. Documentation must be current at time of filing.

How is founder equity valued for high remuneration criteria?

Nominal value of your fully diluted ownership can be considered.

Can we stagger O-1 applications for different co-founders?

Each requires separate petition and attorney session. Strategic timing based on individual readiness.

Do all co-founders need identical profiles for O-1?

Each founder is assessed individually. Special rates available if we proceed with multiple cases.

Can I get work authorization immediately after EB-2 approval?

EB-2 has additional waiting period after I-140 approval. Priority date must become current before work authorization.

What if I don't meet enough O-1 criteria currently?

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.

What happens if my business pivot changes during O-1 process?

O-1 based on individual extraordinary ability, not specific business. Field alignment important but some flexibility exists. Attorneys assess case-by-case basis.

What if I have research experience but am pivoting to business?

Can use previous academic/research achievements, if relevant to business. Publications and citations from your field count.

How do academic achievements translate to business O-1?

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.

Can I renew O-1 if I haven't been working in the US continuously?

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.

Should I apply for O-1 now or wait until I'm ready to move?

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.

What if I have previous US visa rejections?

Prior rejections don't automatically disqualify from O-1. Different criteria than tourist/student visas. Attorney review essential for cases with rejection history.

Can I apply for multiple country visas simultaneously?

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.

What if I'm currently outside the US but want to relocate?

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.

Can I switch employers on O-1 visa?

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

Can I work on my startup while on H-1B?

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.

What if my company is pre-funding or very early stage?

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.

How do you compare to other O-1 service providers?

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.

What if I've already prepared some documentation myself?

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.

Can I extend my O-1 visa indefinitely?

Unlimited 1-year extensions available. Must continue working in approved field. Extension process much simpler than initial petition.

What happens if I get an RFE (Request for Evidence)?

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.

What if I've had previous US visa rejections?

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.

Can I maintain residence in another country with O-1?

Yes, no minimum US residence requirement. Can travel freely in and out of US. Different from green card residence requirements.

Does it matter which country I'm from for processing times?

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.

Do awards need to be individual or can they be company awards?

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.

What counts as "high remuneration" for O-1?

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.

What qualifies as "original contributions"?

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.

What is the attorney session and why is it required?

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.

Can both co-founders apply together?

Yes. We offer special rates if more than 1 person applies with us. Speak to our immigration advisor to learn more.

Do I need a PhD or published papers for O-1?

No, multiple qualification pathways exist. High remuneration, industry recognition, business achievements also qualify.

How selective is Beyond Border in taking clients?

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.

Can startup founders qualify for O-1?

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.

What are Beyond Border's success rates?

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.

What about my children on O-1?

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.

What happens to my spouse on O-1 visa?

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.

What is the difference between L-1 and O-1?

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.

Can I apply for O-1 while on L-1/H-1B visa?

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.

How many recommendation letters do I need?

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.

What is profile building and how much does it cost?

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.

What is premium processing and should I use it?

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

How long does the O-1 process take?

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.

What are the total costs for O-1 processing?

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

Do you offer refund guarantees?

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

What are the criteria to qualify for EB-2 NIW?

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.

Can I apply for green card immediately after getting O-1?

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

What is EB-2 NIW?

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.

What is EB-1A and how does it relate to O-1?

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.

Do I need a US sponsor for O-1?

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.

Can I qualify for O-1 without major awards or press mentions?

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.

What's the difference between O-1A and O-1B categories?

O-1A: All fields. Beyond Border has a specialisation in technology and entertainment cases. O-1Bs are for professionls in arts and entertainment primarily.

How many O-1 criteria do I need to meet?

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.

FAQs

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