After submitting your application to USCIS the best result you can get is of course an immediate approval. However, as USCIS continues to crack down on O visa applications, more often than not you will receive a request for evidence (RFE). RFEs can range from simple requests to extensive nightmares. Here are five tips to help you prevent getting a RFE:
1. Provide the passport page of the Petitioner
If the petitioner is an individual, USCIS will want to run a background check on that person. A clear copy of the petitioner's passport biographical page must be provided. Without it, USCIS we'll send a request for evidence which may delay the processing of your case.
2. Make sure the itinerary is clear
Vague and contradictory itineraries often are the cause of requests for evidence. Ensure that the itinerary has sufficient information about the events, and that ideally, the events do not overlap. If it looks like the beneficiary will have to be in two places at the same time, the itinerary will be flagged for a RFE.
3. Make sure the contracts are valid
Speculative contracts are not allowed when filing an O Visa application. Every contract must be sufficiently detailed as to not be speculative. Key terms that must be included are the payment amount, name and address of employer, name and address of venue, and the duties of the beneficiary.
4. Clearly establish eligibility for each evidentiary criteria
Make sure you have a cover letter that explains how you meet the criteria for being extraordinary. If you are working on the first criteria, Make sure that you establish your role as "leading or starring" and that the production is distinguished. Failing to explain why you meet any of the evidentiary criteria completely is an open invitation for a request for evidence
5. Provide adequate supporting evidence
Arguments are only as good as the evidence provided. Al submitted evidence must support each evidentiary criteria. It is impossible for you to give too much evidence. More is better. Less is a request for evidence waiting to happen.
For more information about the O1 / Artist visa check out our O1 / Artist Visa Application Guide and O1 / Artist Visa Immigration FAQ.
Immigration law can be convoluted and complex. At the Law Offices of Marcus Yi, we are NYC based O1 / Artist Visa lawyers devoted to guiding you through US immigration law. Contact us today to schedule a consultation.
1. Provide the passport page of the Petitioner
If the petitioner is an individual, USCIS will want to run a background check on that person. A clear copy of the petitioner's passport biographical page must be provided. Without it, USCIS we'll send a request for evidence which may delay the processing of your case.
2. Make sure the itinerary is clear
Vague and contradictory itineraries often are the cause of requests for evidence. Ensure that the itinerary has sufficient information about the events, and that ideally, the events do not overlap. If it looks like the beneficiary will have to be in two places at the same time, the itinerary will be flagged for a RFE.
3. Make sure the contracts are valid
Speculative contracts are not allowed when filing an O Visa application. Every contract must be sufficiently detailed as to not be speculative. Key terms that must be included are the payment amount, name and address of employer, name and address of venue, and the duties of the beneficiary.
4. Clearly establish eligibility for each evidentiary criteria
Make sure you have a cover letter that explains how you meet the criteria for being extraordinary. If you are working on the first criteria, Make sure that you establish your role as "leading or starring" and that the production is distinguished. Failing to explain why you meet any of the evidentiary criteria completely is an open invitation for a request for evidence
5. Provide adequate supporting evidence
Arguments are only as good as the evidence provided. Al submitted evidence must support each evidentiary criteria. It is impossible for you to give too much evidence. More is better. Less is a request for evidence waiting to happen.
For more information about the O1 / Artist visa check out our O1 / Artist Visa Application Guide and O1 / Artist Visa Immigration FAQ.
Immigration law can be convoluted and complex. At the Law Offices of Marcus Yi, we are NYC based O1 / Artist Visa lawyers devoted to guiding you through US immigration law. Contact us today to schedule a consultation.
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