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F-1 to H-1B Transition Guide: Your Roadmap to Employment in the U.S.
✳️ Introduction
The journey from studying in the United States on an F-1 visa to working under the prestigious H-1B visa is a pivotal transition for many international students. For HR professionals, understanding this process is crucial to managing talent efficiently and compliantly. This guide by TRW Law Firm offers a detailed, legally sound walkthrough of the F-1 to H-1B change of status (COS) process—specifically addressing the cap gap extension, visa timelines, costs, and travel restrictions.
Whether you’re an international student navigating U.S. immigration for the first time or a Human Resources Managermanaging multinational recruitment, this guide provides the clarity you need.
🧭 Overview: F-1 to H-1B Visa Transition in 2025
The transition from an F-1 to H-1B visa involves six key steps:
🟩 Secure H-1B Sponsorship 🟩 Enter the H-1B Lottery 🟩 File a Labor Condition Application (LCA) 🟩 Submit the H-1B Petition (Form I-129) 🟩 Utilize Cap Gap if Applicable 🟩 Commence H-1B Status (October 1)
🟢 Step-by-Step Process Breakdown
🔹 1. Find an H-1B Sponsoring Employer
An H-1B visa requires a U.S. employer to sponsor the applicant for a specialty occupation, which typically demands a bachelor’s degree or higher. Common roles include:
Software engineers
Data analysts
Accountants
Marketing managers
Mechanical engineers
Financial analysts
For HR Managers: Ensure job descriptions align with USCIS’s definition of a specialty occupation.
For Students: Seek employers with a proven track record of sponsoring H-1Bs.
🔹 2. H-1B Registration and Lottery
The H-1B registration window typically opens in March and closes by the end of the month. Employers must register the beneficiary through the USCIS portal.
2025 Registration Fee: $215 per applicant.
Selection is randomized through the H-1B lottery for cap-subject petitions.
Tip for HR: Use immigration legal counsel to handle registrations at scale.
🔹 3. Labor Condition Application (LCA)
Before petitioning for an H-1B, employers must file an LCA (Form ETA-9035) with the Department of Labor (DOL).
This form confirms that:
The employee will be paid equal to or above the prevailing wage.
Hiring the foreign worker won’t adversely affect U.S. workers.
LCAs are usually approved within 7 business days if complete.
🔹 4. Submit H-1B Petition (Form I-129)
Once the LCA is certified, the employer files Form I-129 with USCIS, requesting a Change of Status from F-1 to H-1B.
Base Filing Fee: $460
Fraud Prevention Fee: $500
Attorney Fees: Vary
Premium Processing (Optional): $2,805
📌 For HR: Do not charge these fees to the employee—this violates federal law.
🔹 5. Cap Gap Extension Explained
🟩 What is the Cap Gap?
The Cap Gap bridges the period between:
F-1/OPT expiration (typically in summer) and
H-1B status activation (October 1)
Important 2025 Update: The cap gap now extends until April 1 of the following year, offering students up to 6 more months of status continuity.
✅ Cap Gap Eligibility:
To qualify:
H-1B petition must be timely and properly filed.
Must request Change of Status, not Consular Processing.
Must remain in F-1 status at time of filing (OPT, grace period, or academic).
🔹 6. Automatic Change of Status to H-1B
If the petition is approved, the status change is automatic starting October 1.
Form I-797A is issued with an I-94 at the bottom, showing H-1B classification. This document serves as proof of legal work authorization.
💼 H-1B Cost Breakdown
Fee Type
Paid By
Amount (USD)
Registration Fee
Employer
$215
Base I-129 Filing Fee
Employer
$460
Fraud Prevention Fee
Employer
$500
Premium Processing (Optional)
Varies
$2,805
Attorney Legal Fees
Employer
Varies
MRV Visa Fee (for stamping abroad)
Employee
$205
Reminder: Employers cannot legally shift the base filing or fraud fee burden to employees.
📅 Timeline of Transition (2025 H-1B Fiscal Year)
Stage
Timeline
Registration
March 2025
Lottery Selection
Late March 2025
H-1B Petition Filing
April – June 2025
Cap Gap Begins (if applicable)
Post OPT expiration
USCIS Petition Review
April – September 2025
H-1B Activation
October 1, 2025
Cap Gap Ends
April 1, 2026
✈️ Travel Considerations
❌ Travel While H-1B Petition is Pending
Not Allowed. Traveling internationally while the H-1B Change of Status is pending voids the COS request.
✅ Travel After Approval but Before October 1
Travel is permitted with valid F-1 visa, current I-20, and H-1B approval notice.
Re-enter the U.S. before October 1 to avoid H-1B entry complications.
✅ Travel After October 1
To re-enter, students must have:
H-1B visa stamp
Valid passport (6+ months)
Form I-797 Approval
Employment Verification Letter
🧾 I-9 Compliance for HR Managers
Once H-1B is active:
Complete a new Form I-9 using I-797A approval notice with I-94.
Store updated I-20 and visa-related documentation for records.
🛡️ Maintaining F-1 Status During Cap Gap
Student Obligations:
No more than 90 days of unemployment (OPT)
150 days total if on STEM OPT
Must report job changes to DSO within 10 days
Keep SEVIS record active and updated
🧪 STEM OPT Extensions During Cap Gap
Cap gap students can:
Apply for STEM OPT extension during cap gap
Cannot apply once cap gap ends and 60-day grace period begins
Important: STEM reporting obligations (6-month validation, changes to I-983) still apply during cap gap.
📑 Documentation Checklist for Students
🟩 I-20 with Cap Gap Extension (page 2) 🟩 Form I-797C Receipt Notice 🟩 Final H-1B Approval (Form I-797A) 🟩 Proof of Employment (job offer letter) 🟩 Updated address/contact with DSO
🧷 In Case of Denial or Withdrawal
📌 What If My H-1B is Denied?
Cap gap ends immediately
60-day grace period begins
Must:
Leave U.S.
Transfer SEVIS to another school
Change to another visa category
📌 What If Employer Withdraws H-1B?
Same rules apply as with denial. Cap gap terminates immediately.
For Students: Keep USCIS withdrawal confirmation and contact your DSO for SEVIS corrections if needed.
For HR: If the employee is terminated during the cap gap, notify USCIS and withdraw the petition to avoid potential liability.
📎 After H-1B Approval: Key Reminders
🟩 Automatic status change on October 1 🟩 Update I-9 documentation 🟩 Apply for SSN if you don’t have one 🟩 Update all records (license, insurance, bank, housing)
🔄 Summary Table
Topic
For HR Managers
For F-1 Students
Sponsorship Requirements
Ensure job qualifies as specialty occupation
Obtain written job offer
Fees
Pay all employer-mandated fees
Budget for MRV (if visa stamping required)
Cap Gap Eligibility
Confirm COS request, not consular process
Contact DSO for updated I-20 after filing
Work Authorization
Accept updated I-20 for I-9 compliance
Retain updated I-20 as proof
Travel Restrictions
Advise against travel during COS processing
Do not travel while petition is pending
H-1B Petition Denied
Withdraw petition and notify employee
Act within 60-day grace period
Post-Approval Transition
Update status, complete new I-9
Keep approval notice and update documentation
🏛️ TRW Law Firm Immigration Expertise
At TRW Law Firm, we specialize in end-to-end U.S. immigration solutions for both companies and individuals:
🟩 H-1B, L-1, O-1, EB-1, and EB-2 visa filing 🟩 DSO coordination and SEVIS management 🟩 Customized compliance strategy for HR teams 🟩 Appeals, RFEs, and I-290B Motion to Reopen filings 🟩 Strategic planning for Cap Gap and STEM OPT overlap
Schedule a consultation with TRW Law Firm today to ensure a seamless F-1 to H-1B transition.
The transition from F-1 to H-1B is an exciting yet complex process, often involving multiple agencies, deadlines, and documentation. For students, this is the gateway to building a future in the U.S. workforce. For HR managers, this transition is an opportunity to secure top global talent.
With TRW Law Firm by your side, you gain more than legal assistance—you gain a strategic partner committed to navigating the U.S. immigration system with precision, professionalism, and results.
Form I-134, Explained: Understanding the Declaration of Financial Support for a Visa Applicant By TRW Law Firm
Introduction: What is Form I-134?
Form I-134, officially titled the “Declaration of Financial Support,” plays a pivotal role in U.S. immigration procedures involving temporary nonimmigrant visa categories such as visitor (B1/B2) and K-1 fiancé(e) visas. Filed by a U.S. citizen or lawful permanent resident (green card holder), the form serves as a written assurance to the U.S. government that the visa applicant will not become a public charge or burden on public resources during their stay.
In contrast to Form I-864, which is used for permanent immigration sponsorship, Form I-134 is relevant for temporary visitors. While both documents pertain to financial support, they differ in legal enforceability, applicable visa types, and poverty threshold criteria.
This guide by TRW Law Firm provides a comprehensive, legally sound explanation of Form I-134, including eligibility requirements, required evidence, how it is filed, and its differences from similar immigration sponsorship forms.
📘 Section 1: The Purpose and Legal Framework of Form I-134
Legal Purpose
The primary objective of Form I-134 is to demonstrate to U.S. immigration officials that the visa applicant will have adequate financial support during their time in the United States. U.S. immigration law, particularly under INA Section 212(a)(4), prohibits the admission of any foreign national who is likely to become a “public charge.” Form I-134 is one way to overcome this potential inadmissibility.
Public Charge Doctrine
Under the current interpretation, the public charge ground of inadmissibility applies mostly to immigrants, but consular officers often scrutinize B-1/B-2 visa and K-1 visa applicants to ensure they won’t rely on U.S. public benefits. Thus, Form I-134 provides persuasive evidence of financial backing, satisfying the consular officer that the applicant has financial safeguards.
🧾 Section 2: Who Can File Form I-134?
To qualify as a sponsor, the following eligibility criteria must be satisfied:
🟩 U.S. Citizenship or Lawful Permanent Residency Only U.S. citizens and green card holders are eligible to sponsor someone using Form I-134.
🟩 Meet Federal Poverty Guidelines (FPG) The sponsor must meet at least 100% of the Federal Poverty Guidelines for their household size.
🟩 Willingness to Disclose Financial Details The sponsor must provide thorough documentation, including employment verification, tax returns, and proof of assets.
🟩 Voluntary but Legally Binding Declaration Although Form I-134 is not enforceable in the same way as Form I-864, it is still a formal declaration under U.S. law, and fraud or misrepresentation can lead to legal penalties.
📋 Section 3: Which Visa Applicants Can Use Form I-134?
This form is primarily used for:
🟩 B-1/B-2 Tourist or Business Visitors If the applicant lacks sufficient financial evidence of self-support, the consulate may request a sponsor submit Form I-134.
🟩 K-1/K-2 Fiancé(e) and Dependent Children U.S. citizens petitioning for their fiancé(e) to enter on a K-1 visa often use Form I-134 to meet financial eligibility at the consular stage.
🟩 Other Nonimmigrant Visa Applicants In rare cases, other categories like J-1 exchange visitors or medical treatment seekers might also be asked for Form I-134 by consular officers.
⚠️ Form I-134 is not used for green card or immigrant visa processing. For those cases, the required form is I-864 (Affidavit of Support).
📂 Section 4: Form I-134 Filing Process – Step-by-Step
Filing Form I-134 requires attention to detail and complete documentation. Here’s a step-by-step guide:
Step 1: Download and Review the Correct Form
As of January 29, 2024, USCIS only accepts the 11/09/2023 edition.
Bank statements (last 12 months summary + current balance)
Employer letter confirming income and job status
Latest U.S. income tax return (Form 1040 or IRS transcripts)
Other financial documents like stock/bond portfolios or real estate proof
📑 All non-English documents must be accompanied by certified English translations.
Step 6: Declaration and Signature
The sponsor must sign the form in ink or electronically (for online submissions) affirming their intent to financially support the beneficiary.
Step 7: Share With Beneficiary
The sponsor should send the completed, signed form with all attachments to the visa applicant, who will submit it with their visa paperwork to the embassy or consulate.
🧠 Section 5: Form I-134 vs. Form I-134A
To prevent confusion, here’s how these two forms differ:
Feature
Form I-134
Form I-134A
Purpose
General financial support for temp visa
Online support for Ukrainian or Latin American parolees
Submission Method
Paper or PDF
Entirely online through USCIS portal
Associated Programs
B1/B2, K-1, medical, humanitarian
Uniting for Ukraine, CHNV program (Cuba, Haiti, etc.)
Sponsor Eligibility
U.S. citizen or green card holder
Same
⚠️ You should not file Form I-134 if you’re sponsoring under the Uniting for Ukraine or CHNV humanitarian programs — in such cases, only Form I-134A is applicable.
⚖️ Section 6: Form I-134 vs. Form I-864
Feature
Form I-134
Form I-864
Visa Type
Temporary (Tourist, K-1)
Immigrant (Green Card)
Enforceability
Not legally enforceable
Legally enforceable under U.S. law
Poverty Guideline Level
100% of Federal Poverty Level
125% of Federal Poverty Level
Duration of Obligation
Until visa expires or sponsor withdraws
Until the immigrant becomes a citizen, works for 10 years, or leaves U.S.
Use in Consular Process
Common in visitor/K-1 interviews
Mandatory for family-based immigrant visas
💬 Section 7: Frequently Asked Questions (FAQs)
❓ Is there a fee to file Form I-134?
🟢 No. There is no filing fee for Form I-134.
❓ Can I be a sponsor if I’m not related to the applicant?
🟢 Yes. A sponsor does not have to be related to the beneficiary. Friendship, employer-employee relationships, or any other connection are acceptable.
❓ Is it mandatory to submit Form I-134 for a tourist visa?
🟡 Not always. If the applicant has sufficient personal finances, they may not need a sponsor. However, it is highly recommended when applicants lack a strong financial profile.
❓ Will submitting Form I-134 guarantee visa approval?
🔴 No. The U.S. consulate has full discretion to approve or deny a visa. Form I-134 is supportive evidence, not a guarantee.
❓ How long is Form I-134 valid?
🟢 It is typically valid for one visa application cycle or 6 months, whichever is earlier. A new one may be needed for rescheduled interviews.
🛡️ Section 8: Risks and Responsibilities for the Sponsor
Although Form I-134 is not legally enforceable in court in the same way as Form I-864, there are important considerations:
Perjury and Fraud: Signing Form I-134 falsely or providing inaccurate financial information can lead to criminal liability under 18 U.S.C. § 1001.
Moral Obligation: While not legally binding, consular officers view the declaration seriously. Sponsors who fail to support may be flagged for future applications.
Reputation and Future Filings: A failure to fulfill promises made on Form I-134 may harm future sponsorship or immigration credibility.
🔍 Section 9: Best Practices and Common Mistakes
✅ Best Practices
🟩 Use updated form edition and instructions 🟩 Attach all supporting documents 🟩 Double-check bank and employment statements 🟩 Explain inconsistencies with a cover letter if needed 🟩 Sign and scan clearly
❌ Common Mistakes
🟥 Submitting outdated editions 🟥 Failing to meet poverty guideline thresholds 🟥 Incomplete documentation 🟥 Illegible handwriting or blurry scanned attachments 🟥 Submitting documents in foreign languages without translation
🤝 Section 10: How TRW Law Firm Can Help
At TRW Law Firm, our U.S. immigration attorneys regularly assist clients with:
Form I-134 preparation and review
Custom financial affidavits and letters of support
Immigration strategy for mixed-income households
Assisting with K-1 fiancé visas and tourist visa denials
Correcting rejected or delayed filings
Our global team in Dhaka and London works directly with U.S. immigration attorneys to ensure compliance with USCIS, Department of State, and consular processing guidelines. Whether you are a sponsor or an applicant, our firm ensures that your Form I-134 submission meets the highest legal standards.
Conclusion
Form I-134 may appear simple at first glance, but it carries significant weight in a U.S. visa application. For individuals seeking to enter the United States temporarily without personal financial means, having a qualified sponsor complete Form I-134 can significantly increase their chances of success.
That said, both applicants and sponsors must approach the process seriously — with accurate disclosures, solid documentation, and legal clarity.
To ensure your declaration of financial support meets USCIS and consular scrutiny, consult the professionals at TRW Law Firm.
FROM LCA TO I-129: NAVIGATING THE H-1B VISA APPLICATION PROCESS STEP-BY-STEP Prepared by TRW Law Firm – Global Immigration Division Updated: April 25, 2025
✅ What Is the H-1B Visa?
The H-1B Visa, Explained
The H-1B visa is a non-immigrant visa that permits U.S. employers to temporarily hire foreign professionals in specialty occupations. A specialty occupation is one that requires the application of highly specialized knowledge and a bachelor’s degree or higher in the specific specialty, or its equivalent.
Key Attributes of the H-1B Visa:
■ Specialty Occupation Requirement: The job must demand both theoretical and practical application of a specialized field of knowledge. ■ Employer Sponsorship: The petitioning employer must file a Form I-129 with the U.S. Citizenship and Immigration Services (USCIS). ■ Annual Cap: 65,000 regular H-1B visas are available per fiscal year, with an additional 20,000 for U.S. master’s degree holders. ■ Lottery System: A computerized random selection process applies if petitions exceed the cap. ■ Initial Validity & Extensions: Initially valid for up to 3 years, extendable to a maximum of 6 years. ■ Dual Intent: Allows beneficiaries to pursue lawful permanent residency (green card) while in H-1B status.
✅ Why Employers and Workers Choose H-1B
Benefits for Employers: ■ Access to a global talent pool. ■ Opportunity to bridge local skill gaps. ■ International competitiveness.
Benefits for Workers: ■ Work in the U.S. in a field of specialization. ■ Pathway to green card and eventual citizenship. ■ Cultural, professional, and personal enrichment.
✅ Eligibility Requirements
📄 For Employers:
■ Specialty Occupation Verification: Must show the role requires a specific degree. ■ Labor Condition Application (LCA): File with the Department of Labor (DOL) demonstrating:
Wages at or above prevailing wage.
No adverse effect on similarly employed U.S. workers.
No ongoing strikes or lockouts. ■ Form I-129: Petition for Nonimmigrant Worker. ■ Employer-Employee Relationship: Proof of control over the H-1B employee’s work.
📄 For Foreign Nationals:
■ Minimum Qualifications:
Bachelor’s degree (or equivalent) in a related field.
Equivalency evaluation required for foreign degrees. ■ Job Offer: From a U.S.-based employer in a specialty occupation. ■ Experience: Sometimes needed, especially in lieu of a degree. ■ Licensing: Mandatory for roles in fields like medicine, law, or education.
✅ H-1B Cap and Exemptions
🔢 Cap-Subject Petitions:
■ 65,000 general limit. ■ 20,000 additional spots for U.S. master’s degree holders.
🏢 Cap-Exempt Petitions:
■ Institutions of higher education. ■ Non-profit and government research organizations. ■ J-1 waiver physicians in underserved areas.
✅ Specialty Occupations Breakdown
To Qualify, a Position Must:
■ Require a bachelor’s or higher degree. ■ Follow industry-wide standards. ■ Have duties so complex that a degree is necessary. ■ Be part of a company policy that requires such education.
Applicant Qualifications:
■ U.S. bachelor’s or higher degree in the specific specialty. ■ Foreign equivalent verified through credential evaluation. ■ Recognition of education, training, or experience as equivalent.
✅ Step-by-Step H-1B Process
1. 💼 Job Offer & Registration
■ Employer determines need for H-1B worker. ■ During March registration period, employer submits electronic registration. ■ USCIS runs lottery if needed and selects registrants.
2. 📅 Labor Condition Application (LCA)
■ Employer files Form ETA-9035 to the DOL. ■ DOL certifies LCA in approximately 7 business days.
3. 📃 Petition Filing (Form I-129)
■ Includes:
Certified LCA
Evidence of education/experience
Letters of support
Visa filing fees
4. 🚪 USCIS Processing
■ USCIS adjudicates the petition. ■ May issue Request for Evidence (RFE). ■ Approval results in Form I-797 issuance.
5. 🌐 Visa Application (if abroad)
■ Applicant completes DS-160. ■ Attends interview at U.S. Embassy or Consulate. ■ If approved, visa stamp is issued.
6. 🛬 Entry & Employment
■ H-1B holder can enter up to 10 days before start date. ■ Begins employment as per petition.
✅ H-1B Visa Costs
Fee Type
Amount (USD)
Electronic Registration
$215
I-129 Filing (Large Employers)
$780
I-129 Filing (Small/NPO)
$460
Premium Processing (Optional)
$2,805
Fraud Prevention
$500
ACWIA Training Fee
$750-$1,500
✅ H-1B Processing Timeline
Step
Duration
Registration
March (Lottery results in April)
LCA Certification
1 week (avg)
I-129 Adjudication (Regular)
4-8 months
I-129 Adjudication (Premium)
15 calendar days
✅ H-1B Stamping & Travel
■ Stamping required for travel. ■ If applying from within the U.S., approval notice suffices. ■ Documents required: DS-160 confirmation, I-797, fees, passport photo, degree copies, employment letters.
✅ Domestic H-1B Visa Renewal
New Policy for 2025:
■ Select H-1B holders can renew visa within the U.S. ■ Must have been issued previous visa in India/Canada. ■ Limited pilot program — not yet extended to H-4 dependents.
✅ Transitioning to Green Card
Typical Steps:
PERM Labor Certification
I-140 Immigrant Petition
I-485 Adjustment of Status (or consular processing)
Delays:
■ Per-country caps (notably for India & China). ■ CSPA (Child Status Protection Act) for dependents aging out.
✅ FAQs
■ Can I apply for H-1B without a job offer? No. ■ Can my spouse work on H-4? Yes, if you have an approved I-140. ■ Can I transition to a green card? Yes, H-1B is dual intent. ■ Is H-1B different from H-1B1? Yes. H-1B1 is for Chile/Singapore nationals. ■ What is the minimum salary? Prevailing or actual wage, whichever is higher.
📍 Contact TRW Law Firm for H-1B Visa Assistance
TRW Law Firm provides end-to-end legal guidance on U.S. immigration matters, including corporate immigration, PERM filings, I-129 petition strategies, and cap-exempt sponsorships.
O-1 Visa, Explained: Your Comprehensive Guide by TRW Law Firm
UNDERSTAND THE REQUIREMENTS, COST, TIMELINE, AND APPLICATION PROCESS FOR THE O-1 VISA TYPE
✪ What is the O-1 Visa?
The O-1 visa is a prestigious nonimmigrant U.S. visa tailored for individuals who have demonstrated extraordinary ability in their professional fields, including sciences, business, education, athletics, the arts, and the motion picture and television industry. Unlike the H-1B visa, which is limited by annual quotas and a lottery system, the O-1 visa offers a more direct pathway for top-tier talent to live and work in the United States.
The O-1 visa is often referred to as a visa for the “best of the best.” It opens doors to professionals who can prove they are at the top of their respective industries. At TRW Law Firm, we specialize in securing O-1 visas for high-caliber clients from around the world, offering end-to-end immigration legal support.
✪ Key Advantages of the O-1 Visa
✅ Unlimited Extensions: The O-1 visa can be extended in one-year increments with no cap on the number of extensions, provided the applicant continues to meet the qualifications.
✅ No Annual Lottery: Unlike the H-1B visa, there is no lottery or registration period. Applications are accepted year-round.
✅ Work Flexibility: O-1 visa holders may work for multiple employers or their own company, provided each activity is pre-approved in the petition.
✅ Dual Intent: The visa allows for dual intent, meaning applicants can apply for a green card without jeopardizing their non-immigrant status.
🌐 O-1 Visa Subcategories
The O-1 visa is subdivided into two primary categories:
◼ O-1A
For individuals with extraordinary ability in sciences, business, education, or athletics.
◼ O-1B
For individuals with extraordinary ability in the arts, or a demonstrated record of extraordinary achievement in the motion picture or television industry.
💼 Eligibility and Requirements by Category
The criteria for qualifying vary depending on your profession. Below is a detailed breakdown:
🏛️ O-1A: Science, Business, Education, Athletics
◼ Science & Research
Prestigious awards like the Nobel Prize or Fields Medal
Peer-reviewed publications in top journals
Patents or significant inventions
Speaking engagements at leading symposia
◼ Education
Teaching awards and accolades
Evidence of impactful research and citation metrics
High-profile speaking invitations
◼ Business & Entrepreneurship
Leading startups with major funding
Mergers, acquisitions, or IPOs
Press features, speaking engagements
Membership in elite entrepreneurial organizations
◼ Athletics
Olympic or world championship medals
National titles, MVP awards
Team captainship or elite coaching roles
🎨 O-1B: Arts, Motion Picture, Television
◼ Arts
International or national awards
Lead roles in productions of distinguished reputation
Commercial or critical success
Press features, reviews by experts
◼ Motion Picture/TV
Academy Award, Emmy, or major nominations
Work in box-office hits or top-rated TV shows
Endorsements or testimonials from industry leaders
✍️ How to Qualify as an Entrepreneur or Founder
While self-petitioning is not allowed, entrepreneurs may structure their own U.S. company to act as the sponsoring petitioner. Key steps include:
Demonstrating non-speculative work with contracts or business plans
Providing press, revenue data, or investment documentation
TRW Insight: Many founders fail due to poor evidentiary presentation. Let our immigration attorneys prepare a bulletproof O-1 petition tailored to entrepreneurial ventures.
📅 Timeline and Processing
◼ Standard Processing:
Vermont Service Center: Approx. 5 weeks
California Service Center: Approx. 2.5 months
◼ Premium Processing:
15 days with Form I-907 ($2,805 as of 2025)
Always verify filing locations and updates via USCIS. Processing times may vary due to workloads.
🌐 Duration and Extensions
Initial Grant: Up to 3 years depending on the event/project
Extensions: Granted in 1-year increments with no limit, as long as the event/project continues
🏞️ O-1 Visa vs. Green Card
Feature
O-1 Visa
Green Card
Status
Non-immigrant
Immigrant (permanent resident)
Duration
3 years + 1-year extensions
Indefinite
Dual Intent Allowed?
Yes
N/A
Work Authorization
Specific employer/events
Open
TRW Insight: Many of our O-1 clients later apply for EB-1 or EB-2 green cards.
🏦 Filing and Cost Breakdown
Item
Cost (USD)
Form I-129 (Standard)
$1,055
Form I-129 (Non-profit)
$530
Premium Processing
$2,805
Visa Stamp (DS-160)
$190
Petitioner bears most costs. If beneficiary is terminated early, employer may be liable for return travel.
🚧 Required Documents
Form I-129 + supporting documentation
Detailed itinerary and employment agreement
Advisory opinion from peer group/union
Evidence of awards, publications, or peer recognition
Proof of O-1 level ability (3/8 criteria or comparable evidence)
🥇 Acceptable Evidence
◼ For O-1A:
Prestigious awards
Memberships in elite organizations
Scholarly publications
Judging others’ work
Employment in critical roles
High salary or remuneration
Published material about you
Original contributions of significance
◼ For O-1B:
Major critical acclaim
Commercial success (box office, media metrics)
Lead roles in top-tier productions
National or international recognition
Testimonials from industry experts
High compensation
🎓 Dependents and Accompanying Staff
O-2 Visa: Essential support staff for O-1B visa holders
O-3 Visa: Spouse and children (<21 years)
Cannot work
Can attend school
❓ Frequently Asked Questions (FAQs)
◼ Can I apply directly after I-129 approval?
Yes. If outside the U.S., schedule a visa interview at a U.S. Embassy/Consulate.
◼ What if my petition is denied?
USCIS will issue a notice explaining denial with appeal instructions.
◼ Can I extend my visa?
Yes. File Form I-129 with Form I-94 and justification.
◼ Can USCIS revoke the visa?
Yes, for reasons such as fraud, misrepresentation, or job loss. A Notice of Intent to Revoke (NOIR) will be issued.
🔧 TRW Law Firm Support for O-1 Visa Applicants
At TRW Law Firm, we have an exceptional track record of helping:
Founders and Innovators get O-1A status
Artists and Designers secure O-1B classification
Athletes and Performers extend and renew their visas
We provide end-to-end service:
Evidence audit and strategy consultation
Legal advisory letters and peer consultation coordination
Full petition preparation and USCIS communication
Green card planning from the O-1 status
📍 Contact TRW Law Firm for an O-1 Visa Consultation
LEARN THE PROCESS, COST, TIMELINE, AND REQUIREMENTS OF THE E-2 TREATY INVESTOR VISA
What Is the E-2 Treaty Investor Visa?
The E-2 visa is a nonimmigrant visa that allows citizens of countries with a qualifying treaty of commerce and navigation with the United States to enter and work in the U.S. based on a substantial investment they control in a U.S.-based business. There are two categories:
E-2 Investor: Individuals investing a substantial amount in a bona fide U.S. enterprise.
E-2 Employee: Key executives, managers, or essential skilled employees of the treaty investor’s business.
Key Features:
Investment can be in a new or existing business.
E-2 holders can manage the business and bring qualifying employees.
Initial stay is up to 2 years with unlimited 2-year extensions.
Visa can be renewed indefinitely, so long as the enterprise continues to meet eligibility requirements.
E-2 Visa Eligibility Requirements
To qualify for the E-2 visa, you must meet these general criteria:
1. Nationality:
Must be a citizen of a country that maintains a treaty of commerce and navigation with the U.S.
2. Investment:
Must make a substantial, irrevocably committed, and “at-risk” investment in a real, operating U.S. enterprise.
3. Business Type:
The enterprise must not be marginal. It should have the present or future capacity to generate income significantly above the living standard of the investor and family.
4. Active Role:
Investors must own at least 50% of the business or have operational control through a managerial position.
5. Source of Funds:
Must prove the legal origin of the invested funds and trace the funds from origin to investment.
Qualifying vs Non-Qualifying E-2 Investments
Typically Qualifies
Does Not Qualify
Investment in operating business
Idle cash in bank account
At-risk, committed funds
Safe assets with no risk of loss
Investor has control/management role
Passive investment (e.g. land ownership)
Substantial relative to business costs
Inadequate for business success
E-2 Visa Timeline
Inside the U.S. (Change of Status):
Standard processing: 3.8 months
Premium processing: 15 calendar days
Outside the U.S. (Consular Processing):
Varies by consulate: 2 weeks to several months
E-2 Visa Application Process
From Within the U.S.:
Confirm nationality eligibility
Prepare and file Form I-129
Include detailed business plan, financials, investment documents
Pay relevant USCIS filing fees
Optional: File Form I-907 for premium processing
USCIS issues Form I-797 if approved
From Outside the U.S.:
File Form DS-160 and DS-156E
Gather supporting documents (investment proof, business ownership, legal source of funds)
Schedule and attend an interview at U.S. consulate
If approved, visa issued and stamped in passport
Present visa at port of entry and receive I-94 record upon entry
Cost of the E-2 Visa
Application Stage
Fee
Form I-129 (USCIS)
$510–$1015
Form I-539 (for dependents)
$470
Form I-907 (Premium)
$2805
DS-160 (Consular Filing)
$315
Form I-864 (Affidavit of Support, if required)
$120
What Happens After Approval?
If Applying Inside the U.S.:
Status becomes E-2 on approval date
Authorized to work for the investment business
Must apply at consulate to travel and re-enter
If Applying Outside the U.S.:
Visa issued and stamped in passport
I-94 issued upon arrival, showing E-2 duration
Can start working immediately for the enterprise
Social Security: You’ll need a Social Security Number (SSN) to work legally
Taxes: Subject to U.S. tax laws
Acceptable E-2 Business Types
Franchises
Startups
Acquisitions of existing businesses
Retail stores, cafés, consulting agencies
Service businesses (e.g., salons, clinics)
Import/export operations (may also qualify for E-1)
Note: The business must have potential for growth and U.S. job creation
Green Card Options for E-2 Visa Holders
E-2 visa holders do not have “dual intent,” so green card transitions require strategic planning. Options include:
EB-1 (Extraordinary Ability)
EB-2 NIW (National Interest Waiver)
EB-3 (Skilled Workers)
Family-Based Green Card
E-2 Dependent Family Members
Spouse and children under 21 can obtain E-2S or E-2Y status
Spouses can apply for work authorization
Children can study in the U.S. but cannot work
Frequently Asked Questions
Can I travel on an E-2 visa? Yes. You can travel freely with an E-2 visa, but ensure you maintain ties to the enterprise and avoid long absences.
Can employees also apply for E-2 visas? Yes, if they share the same nationality as the treaty investor and serve in executive or essential roles.
Can I work for a different company? No. The E-2 visa is specific to the investment business only.
How long can I stay on an E-2 visa? Initial stay is 2 years, with unlimited 2-year renewals as long as qualifications are maintained.
Is there a minimum investment amount? No fixed minimum, but it must be “substantial” relative to business cost and sufficient for success.
Do E-2 visa holders pay U.S. taxes? Yes, based on income earned in the U.S.
Final Thoughts
The E-2 visa provides a powerful immigration pathway for entrepreneurs, executives, and investors from treaty countries. While it doesn’t lead directly to a green card, it offers renewable work and residence authorization for those willing to make a real investment in the U.S. economy.
For tailored guidance, consult with TRW Law Firm’s immigration experts.
