Immigration Lawyers Toolbox Magazine
O-1A EXTENSIONS:
Avoid Pitfall with these Best Practices You
remember that O-1A client from years ago? They’re back to extend their status. The client was ecstatic when you got the initial O-1A approval and you’d hate to disappoint now. Regardless of how strong the initial O-1 petition was, the extension can be yet another opportunity for things to go off track. Savvy immigration lawyers know how to avoid potential pitfalls in this situation.
Taymoor M. Pilehvar, Esq. Taymoor@Pilehvar.com
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ILT Magazine
Hopefully the client(s) came to you well before the expiration of the current validity period. But they’ll be pleased to know that O-1As benefit from an automatic extension of their work authorization while a timely filed extension petition is pending. This provision is in 8 CFR § 274a.12(b)(20) and authorizes the beneficiary to continue employment with the same employer for a period up to 240 days from the date their current status expires. This automatic extension is only for working and does not provide advance parole for the client to travel while the extension is pending. Further, if the extension is denied during the 240-day period the work authorization stops.
Issue No . 3
by TAYMOOR M. PILEHVAR, Esq.
Review the employment offer(s) for the requested extension period and determine what validity period to request. Keep in mind that O-1 extensions are typically only granted in one-year increments. In these cases, there is no need for a new consultation letter since the beneficiary is merely continuing an event or activity. However, if the new contract with the employer is for new events or activities then the USCIS can approve the extension petition with a three-year validity period—but they are not required to do so. If they are not satisfied that the extension is for a new event or activities they will issue an RFE advising that only a 1-year extension is available for continuations of the same activity. The response should include evidence distinguishing the new activities from those in the previous petition. Also, extension petitions requesting more than another year should include a new consultation letter.