FAQs

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 network attorneys and in-house team with domain knowledge. We will advise if a case is not viable even with profile building. We will respectfully turn down cases that do not meet our approval standards, with actionable advice you can use to strengthen your profile over time.

We specialise in technology and entertainment profiles across all seniorities, with a 98% success rate for O-1 visas and EB-1 and EB-2 NIW green cards.

Case by case. We generally follow our own documentation standards, which usually requires rework. Document collection is a collaborative effort, guided by our in-house 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 it requires a new petition with the new sponsoring entity. The agent route allows multiple freelance contracts simultaneously, and can secure a 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 a personal startup while on an H-1B for another company. The O-1 provides a pathway to legally work on your own business. Timeline considerations are important for the 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 highly competitive amongst O-1 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, above industry norms. There are no hidden or extra costs for RFEs. Domain knowledge is critical to translating your industry achievements into plain 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 are covered by Beyond Border. Note that RFEs are increasingly common under the current U.S. administration. Additional attorney and case team bandwidth to manage your RFE is included in the service fee at no extra charge.

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 times vary across countries, and our network attorneys advise on consulate strategy as part of our process. EB-2 wait times vary dramatically: 2-3 years for most countries vs 10+ years for India and China. There are 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 the U.S.). Your company's traction can be considered for original contribution. Groundbreaking technology or business models. Major industry partnerships or collaborations. Quantifiable business impact. Every case (and business) is different. Speak to our immigration advisor to learn more.

We charge a US$50 consultation to assess eligibility. All profiles require 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 cases during a 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 or green card type). You have full clarity on qualification odds from our network attorneys before you commit to the full process.

Yes. VC funding is generally viewed favourably. Y Combinator, Techstars, 500 Startups, Antler, Entrepreneur First and other prominent accelerators are great validations for O-1 qualification, and we work with founders and executives from all of them. This is not an exhaustive list. Typically, CEO and founder roles at venture-backed companies, past or present, help with qualification under the critical employment criterion. Speak to our immigration advisor to learn more.

98% O-1 and EB-1 success rate. Our pre-vetted O-1, EB-1 and EB-2 NIW network 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.

It varies between cases. Our network attorneys and case team draft your recommendation letters, and your recommenders review and sign them. 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 is done with strict adherence to our ethics guidelines, guided by our partner attorneys and in-house immigration professionals. This generally includes relevant press coverage, applications to related judging opportunities and memberships, and recommendations of reputable journals and publications that fit your field of expertise. Our profile building guidance is strictly based on your current merits. Not every case requires profile building. It takes between 1-6 months, depending on case complexity. Speak to our immigration advisor to learn more.

An additional $2,965 (USCIS fee since March 2026) for a 15-business-day USCIS decision. Recommended for urgent timelines with less than 4 months to your target arrival date in the U.S. The total timeline will still be up to ~3 months end-to-end, including approval time.

Normal processing: 10.5 months (increased under the Trump administration). Premium processing: 15 business days, around 3 months in total. Petition preparation: we aim to complete it within 1 month of receiving all required documents. Profile building adds 1-3 months if needed, as deemed necessary by our network 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) + $2,965 (premium processing). Attorney session: $50-250.

O-1: Refund guarantee available. EB-1A and EB-2 NIW: Refund guarantee available. Speak to our immigration advisor to learn more. We work with pre-vetted O-1, EB-1 and EB-2 NIW network attorneys with a 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, you can apply simultaneously with the O-1 process. You do not need to wait for O-1 approval or for the full 3-year term.

The EB-2 NIW 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 an advanced degree is not a must, provided other qualifications 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 (PERM) process. 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, which is quick to set up. The O-1A agent route is also available, with work contracts from a U.S. entity that doesn't belong to you. 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 covers science, education, business and athletics; Beyond Border specialises in technology and entertainment cases. O-1B is for professionals primarily in the arts and entertainment.

A minimum of 3 out of 8 criteria is required. We typically recommend fitting 4-5 criteria. We can recommend relevant external recognitions based on your individual merits for O-1 profile readiness, with attorney-guided profile building.