We originally published this post back in 2013 (as 5 misconceptions), and it has consistently ranked as one of our most read posts. And for good reason: the O-1 visa category is one of the most popular, especially for those who work in the arts, design, and film and television (although, as we discuss below, the O-1 can be a good option for all sorts of professions and industries). Since it’s been a number of years, we wanted to add some updates and clarifications and, yes, a few more misconceptions that often come up for foreign nationals who already have an O-1 or are interested in obtaining this visa type . - Protima
1. The O-1 is a “freelance” visa
There is no such thing as a “freelance” work visa in the United States. With very few exceptions, nearly every work visa in the US must be sponsored by a legal and operating US company or agency.
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The ongoing partial US government shutdown is causing a further strain on US immigration courts as well as creating potential hardships for US Border Patrol agents, Immigration and Customs Enforcement (ICE) officers, and other front-line Department of Homeland Security who are considered “essential” workers and must continue to work without pay during the shutdown. Tony Reardon, president of the National Treasury Employees Union, says that the federal employees including CBP officers and agriculture inspectors stationed at border crossings and airports are “key to our nation’s security and economic success, and they do not deserve to be treated this way.” CBP agents are taking into custody more than 2,000 migrants per day on average and, with nowhere to detain them, the governments has been releasing hundreds onto the streets in El Paso, Texas, Yuma, Arizona, and other border cities.
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USCIS announced that the current lapse in annual appropriated funding for the US government does not affect most USCIS operations and fee-funded activities. USCIS offices will remain open, and all individuals should attend previously scheduled interviews and appointments. Additionally, USCIS will continue to accept petitions and applications with only certain exceptions.
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Supreme Court Justice Ruth Bader Ginsburg recently spoke at a naturalization ceremony in the rotunda of Washington D.C.’s National Archives where thirty-one men and women become new citizens. As she’s done before, Justice Ginsburg shared her own immigration story: "My own father arrived in this land at age 13 with no fortune and speaking no English,” she said. “My mother was born four months after her parents—with several children in tow—came by ship to Ellis Island. My father and my grandparents reached, as you do, for the American dream." She asked the attendees: “What is the difference between a bookkeeper in New York City's Garment District and a Supreme Court Justice? One generation.”
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Wilder Hilario Maldonado Cabrera, a Salvadoran boy, was the youngest defendant on the juvenile docket in immigration court in San Antonio, Texas shortly before Thanksgiving this year. Wilder, six years old, was one of the last children affected by the administration’s zero-tolerance policy. He was separated from his father on June 6 after they crossed the US/Mexico border to seek asylum. Wilder’s father was detained separately, while Wilder’s mother remained in El Salvador.
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