Frequently Asked Questions

How long does the process take?

This depends on the type of visa that you are applying for, however it is always important to begin the process early. Keep these points in mind:

You can apply up to 90 days before the expiration of your current visa;
Depending on your application, you may or may not be able to wait inside the United States; and
Certain visas have longer processing times by USCIS.

Do I qualify for O-1 classification?

O-1 classification requires meeting at least 3 of the following 7 criteria. Please keep in mind that a thorough review of your portfolio by our attorneys is recommended:

Applicant has performed, and will perform, services in a lead or critical role for events or productionsthat have a distinguished reputation;
Examples include commercials, music videos, theatre productions, ad campaigns, etc.
Applicant has performed, and will perform, services in a lead or critical role for organizations or companies that have a distinguished reputation;
Examples include large companies, theatre companies, clothing retailers, magazines, etc.
Applicant has received national or international recognition for achievements evidenced by critical reviews or other published material in major newspapers, magazines, etc;
Widely considered the press category, measured by your exposure in circulated publications.
Evidence of significant recognition for achievements from organizations, critics, or other recognized experts in the field;
Widely considered the letters of recommendation category.
Evidence that the applicant has a record of major commercial or critically acclaimed successes and other occupational achievements; and/or
Applicant commands or will command a high salary as compared to others in their field.

How can I freelance?

A common misconception about the O-1 visa is that it is a “Freelance visa.” While this visa is designed to offer employment opportunities to those who typically work without an employer, a sponsor is required for this visa. There are three acceptable forms of sponsorship, each with differing options available:

Employer
This arrangement is your typical employer-employee relationship. For example, a graphic artist working for a production house.
Agent as employer
This arrangement is an employer who also acts as an agent with regard to employment through third parties. For example, a photographer working for a gallery where the gallery also procures/supervises work with third parties. Typically the agent will retain a percentage of fees generated through the third party work.
Agent
This arrangement is typically for stage actors where they sign an agreement with the agent to represent and procure work for them. The employee will work exclusively with the agent.