O-1 Visa Applicants: More Luggage than Usual

O-1 Visa Applicants: Carrying More Luggage than Usualby Erin Hogan When filing a petition, the objective is always to get it approved - usually to have the case approved by USCIS. And often when we do get the approval, it feels like the case is finished; that the journey is over. However, there is actually a very important step that goes along with a USCIS approval - getting the visa. If a person receives an approval outside of the U.S., or if she changes her status in the U.S. and then travels internationally, then she will need to obtain a new visa before entering the U.S. in her new status. This requires making a visa appointment and meeting with a Consular officer. For that reason, when we file a petition with USCIS, we also submit a duplicate copy of everything to be sent to the Kentucky Consular Center ("KCC"). The KCC is responsible for scanning and uploading this duplicate copy of the petition into the Petitioner Information Management System ("PIMS"), which is used by Consulates abroad. The Consulates are the agencies that deal with visas. Consular officers use PIMS to confirm abroad what was submitted to and approved by USCIS stateside. So for those coming on nonimmigrant visas, the Consular officer at the visa appointment has access to what was filed for the visa applicant with USCIS. However, there can be issues with this system and sometimes there is a delay in system uploading or possibly not everything that was sent in the duplicate actually makes it into the system. For people trying to get a visa for their O-1 approval, this can be a challenging aspect of the case and the visa process. O-1 petitions, perhaps more so than all other nonimmigrant visas, are very document-heavy petitions.In order to obtain the O-1, the applicant must be extraordinary and at the top of her field. This is not usually something that can be proven with just a few pages. Rather, it is not unusual for us to file an O-1 petition that includes hundreds of pages of documentation. Unfortunately, when the KCC is scanning this petition into PIMS, it is likely that the petition we filed is not being scanned into the system in its entirety. The KCC has provided an example list of items that will not be scanned into PIMS: Duplicate Items in Any SectionInstructionsForms: I-20, I-907, DS-2019, DS-3035High School Education RecordsUSCIS checksDOL Mailbox Auto-ResponsesModel portfolios (for O & P Visa Classes)Newspaper articles about the performer or model (for O & P Visa classes)Internet information that lists the performer's history (for O & P Visa classes)Catalogs or pages from catalogsCritic reviewsCompany web pagesPlay bills, restaurant menusBlank Pages For most nonimmigrant visas, the exclusion of those items will likely not make a difference when the Consular officer reviews whether the applicant is eligible for the visa type. However, for O-1 applicants, many of these excluded items are key pieces of the petition and are probative of whether the applicant qualifies for an O-1 visa. It is very common to file O-1 petitions that include critic reviews, play bills, newspaper articles, etc. Without seeing these items the Consular officer will not be able to review the case in the same way that the USCIS officer did. The full story will not be included and it may lead to the Consular officer questioning whether the applicant truly qualifies for the O-1 visa. In order to avoid this, we do several things. First, we make sure to copy all unusual items onto standard paper. So all play bills, flyers, CD jackets, etc., we copy onto standard paper to not only make it as easy as possible for USCIS to review the case, but also to make it as easy as possible for KCC to scan the petition into PIMS. Second, we give the applicant a full copy of her petition, either by giving her a printed copy of her petition or by sending the entire copy of the petition to her in an email through a secured pdf. Not only is it important to keep a copy of the filing for the applicant's own personal records, but we also recommend that the visa applicant bring a full copy of her petition with her to the visa appointment. Yes, this can be inconvenient, as no one wants to fly internationally carrying hundreds of pages with her or wants to print hundreds of pages out in her home country before going to the appointment, but this inconvenience can save the applicant from a possible visa denial or having the case sent back to USCIS for approval revocation. By having a copy of the petition at the visa appointment, the applicant can show the Consular officer what was submitted to USCIS and can present the complete story of why she is extraordinary and at the top of her field. With this approach, no matter what documents were excluded from PIMS, the Consular officer will be able to review the complete petition. Often clients will ask me how to prepare for visa appointments, whether it is just a formality, and whether they should be nervous about it. We always advise clients to take visa appointments very seriously and to be prepared for them. By having a copy of their petition, visa applicants are not only able to review the petition before the appointment, but if the officer does have questions, the applicant will be able to easily direct the officer to the supporting documentation. So while taking the entire packet overseas and to the appointment may be a slight inconvenience, we think it is an inconvenience well worth it.