How does the application process work?

The application for this visa is also handled by the future U.S. employer or U.S. agent; it cannot be handled by the applicant alone.

After obtaining the "No Objection letter" from a U.S. labor organization, there are two more steps to the application process:

 

1. A petition has to be filed with the appropriate USCIS service center

Along with the O-1 petition, evidence of the applicant’s extraordinary abilities and achievements has to be submitted. This can be very time-consuming. It is especially important to submit recommendation letters along with the application.

The petition must be submitted to the USCIS service center, along with form I-129 and the standard fees.

For an extra $1,000, premium processing is available. With premium processing, the USCIS guarantees a response (not a final decision) within 15 days.

 

2. Application to the consulate
Once the USCIS has issued a notice of approval (form I-797 – Approval Notice), the last step (usually) is to apply for the actual L-1 visa at the appropriate US consulate in the applicant’s home country.

 

HOWEVER: even with an approval notice issued by the USCIS, it is still possible for the U.S. consulate to refuse the visa, e.g. due to formal errors or other concerns. Therefore, it is advisable to prepare this application just as carefully.

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