USCIS requires companies to file new petitions for O-1 visa employees, necessitating a fresh evidentiary record. Understanding these requirements is crucial for HR teams to align with hiring managers and maintain an efficient onboarding timeline.
Key Details:
- New petition required: Companies must submit a new petition for each O-1 employee, with no carryover of previous approvals.
- Evidence requirements: Employers must meet the ’three criteria’ standard and provide documented proof, including awards and salary data.
- Expert letters: A successful petition typically requires 5 to 10 new expert letters, which can take 4 to 8 weeks to gather.
- Specific itinerary: Collaborate with hiring managers to outline a detailed itinerary of the employee’s services, as standard job descriptions are insufficient.
Setting clear expectations about start dates is essential, as O-1 visa holders cannot begin work until USCIS approves their new petition. This proactive approach helps prevent any timeline surprises for both HR and hiring managers.
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Source: WayLit