Imagine being stuck for over a year, unable to work, move, or plan your life because of a visa delay. This was Ihtesham’s reality.
He and his family faced a long wait for O-1 visa and O-3 visa approvals. They were caught in administrative processing at the U.S. consulate in Florence, Italy. Here’s how Ihtesham and his family broke free from the delays with a Mandamus lawsuit for administrative delays.
They Promised a Month, but He Waited Over a Year
Originally from Pakistan, Ihtesham’s O-1 visa delay experience was a rollercoaster of hope and frustration. When he first attended his visa interview at the U.S. Consulate in Florence, Italy, he felt optimistic. The officer asked a few questions about his work and promised a response within a month. But then—nothing.
Ihtesham shared:
“I am from Pakistan. For the first time, I went for the visa interview. They haven't checked my documents. And they asked a couple of questions related to my field. And then the visa officer told me that it will take like one month and he will hear from us. And then they disappeared.”
Days turned into weeks, then months, as Ihtesham waited for his O-1 visa qualifications to be approved. Despite his lawyer’s efforts to contact the consulate and their appeals to senators, Congress, and ambassadors, nothing changed. Every attempt led to a heartbreaking silence.
The delays left Ihtesham questioning his O-1 visa criteria and wondering, "What is O1 visa approval dependent on?" He even considered, "Is O-1 dual intent visa processing possible for faster options?". Unfortunately, many applicants don’t have clear answers about O1 eligibility checks.
Ihtesham recalled:
“And then even my attorney and I was asking continuously after 45 days, one month and two months. We already did like a couple of Congress, Senatorial assistance, but it hasn't worked for us. And we also wrote a couple of letters to the ambassador of U.S. and Italian. Nothing worked in my case.”
How the Delays Hurt Ihtesham and His Family
The O-1 visa delay turned Ihtesham’s life upside down. He lost his job and had to return to his professor, working part-time to make ends meet. It also created obstacles for his family. Without his O-1 visa approval, his wife and child couldn’t apply for their O-3 visa, trapping them in uncertainty.
Additionally, Ihtesham faced challenges renewing his residence permit in Italy. He worried about O1 to green card options and how long his O-1 visa would be valid. This uncertainty leads many to ask, "Can you work as an employee on O1 visa during delays?"
Ihtesham recalled the difficult moments he faced during that time:
“Then I went back to my professor again and I start working with him like partially or part time to at least support my family. At that time, I haven't got any permanent residence. So there was a immigration issue for me in Italy because I lost my job. I cannot do even I cannot renew my residence permit for my wife, for my kid. We cannot move to our country. Nothing can do.”
Finding Hope With Mandamus Immigration Help
Stuck in a web of delays with his O-1 visa, Ihtesham turned to the Pakistani community for support. They understood what he was going through. Many of them were also in the same situation. They were stuck in 221G or administrative processing. They were waiting for their own O-1 visa approvals. They shared their own struggles and offered advice on how to move forward, helping Ihtesham feel less alone in the process.
Ihtesham marked the turning point:
“There was a group of Pakistanis community who was like stuck in 221G or administrative processing and they were discussing. And even my attorney told me that now it's time to go with mandamus. Actually, he was not doing this kind of activity. And he suggested to me that Josh and his team was working in Boston very well. So you can contact them and you can start working with them.”
In these talks, Ihtesham considered filing a Mandamus lawsuit to resolve his and O-1 visa delay. Mandamus immigration petitions challenge the delays in his visa process. His lawyer suggested taking this step and recommended reaching out to Josh and his team in Boston.
Goldstein Immigration Lawyers has a track record of helping people in similar situations. This gave Ihtesham the hope he needed for a solution to his O-3 and O-1 visa delays.
Ihtesham reflected on his feelings about taking legal action:
“I was a little bit like this, but not that much, because as I already discussed with you, with my attorney, so I was not that much scared. And what can I do more from this? There is no way except waiting. So it's better to take some extra action in that case.”
Finding the Ultimate Mandamus Immigration Game Changer
Filing the Mandamus lawsuit transformed everything for Ihtesham. Goldstein Immigration Lawyers, a trusted mandamus immigration Boston lawyer, handled his case with speed and precision. Their team explained every step, including addressing administrative processing delays and ensuring his O-1 visa qualifications were clear.
Ihtesham thanked the team for their diligence and commitment:
“They are really good and they are really punctual and really cooperative. I will say all of them. I never have been any kind of like agency or who is working in this field are that much responsive. Like I will say that I emailed them and their reply response is less than 30 minutes every time.”
Even his employer, who had been frustrated by the delays, was impressed. They noted how the case had set a positive example for others struggling with O 1 processing time.
Ihtesham recalled his manager’s praise:
“My manager told me that they are very good and very, very good, very good. So maybe, maybe because there are already like three to four guys who was already stuck in this. So maybe they will contact you for them.”
Thanking Ihtesham for Sharing His Journey
We’re deeply grateful to Ihtesham for sharing his inspiring story of resilience and determination. Hearing about the challenges he and his family overcame is a true source of inspiration to many. Our team valued his trust and we’re honored to have played a small role in his success story.
We’re thrilled that he’s now on the path to building a bright future in the U.S. for himself and his loved ones. We wish Ihtesham and his family all the best as they take this exciting next step in their journey!
Don’t Let O-3 and O-1 Visa Delays Hold You Back
If you’re caught in delays like Ihtesham, don’t let them steal your future. Filing a Mandamus lawsuit can help resolve your case. If you are waiting for an O-1 visa, there is hope. You might be considering the path from an O-1 visa to a green card.
You may also want to understand the difference between EB1 and O1 visas. Our team is ready to guide you through every step of the process. Don’t let delays steal your future—take action now and take back control. Let us help you move forward with confidence!
O-3 and O-1 Visa Frequently Asked Questions
We’ve answered some of the most common questions about O1 visa criteria and steps to help guide you through the process. Please consult the USICS policy manual for the latest updates.
1. What is the O1 visa in USA?
The O-1 visa is a special U.S. visa for people who excel in fields like science, arts, sports, business, or education. This visa allows them to work in the U.S. for a specific job. It usually follows O visa requirements and lasts up to three years. There is also a chance to extend it.
To get an O-1 visa, people need to show that they are well-known for their talents. They might have won awards, made big contributions, or created important work in their field. People like artists, athletes, and business leaders often use this visa to work in the U.S. for a short time.
2. What is the O3 visa in USA?
If you have an O-1 visa, your spouse and children (under 21) can get an O-3 visa. This visa lets them live and stay with you while you're working in the U.S., but they cannot work. However, they can go to school and enjoy their time in the country with you.
3. Is O-1 possible to premium process?
Yes, it’s possible to premium process an O-1 visa. Premium processing allows you to expedite your application and receive a decision faster. You can speed up the review process by paying an additional fee. This option is very helpful if you need your O-1 visa approved quickly.
4. How to address administrative processing delays?
A Mandamus lawsuit is often the best option to challenge lengthy delays and move your case forward.
5. How many followers do I need for an O-1 visa?
There’s no set number of followers needed for an O-1 visa. What matters most is showing you have extraordinary ability in your field. This can include winning awards, being featured in the news, or making important contributions. If you’re a social media influencer, your follower count can help, but it’s only part of the evidence. Talk to an immigration lawyer to check if you qualify.
6. How do I apply for an O-1 visa in the United States?
The O-1 visa is very competitive. It is important to have substantial proof to show your exceptional skills in your field. Consulting a local immigration California lawyer can help guide you through the process and maximize your chances of approval.
Follow this guide to obtain an O-1 visa in the United States:
- Find a U.S. Employer or Agent
To apply for the O-1 visa, you must have a job offer or a U.S. employer who will sponsor you. The employer files the visa petition on your behalf. In some cases, a U.S. agent can act as your sponsor. This is helpful if you are a freelancer or if you work for multiple employers.
- Prepare Documentation of Extraordinary Ability
You need to demonstrate that you have extraordinary ability in your field. For example:
- Awards or Recognition: National or international awards, such as an Olympic medal or prestigious industry awards.
- Published Work: Articles, books, or research you've authored, or notable mentions in major publications.
- Important Contributions: Evidence of contributions that have made a difference in your field, like major discoveries or notable performances.
- Recommendation Letters: Employment Advisory Letters from experts in your field who can vouch for your skills and accomplishments.
- File the Petition (Form I-129)
Your employer or agent must file Form I-129 (Petition for a Nonimmigrant Worker) with USCIS. Along with this form, they must submit supporting documents. This includes proof of your extraordinary ability and details about the job.
- Provide a Written Advisory Opinion
In most fields, you need to get an advisory opinion. This should come from a peer group, a labor organization, or a recognized expert. It can also include information about what kind of company accept O1 applicants. This opinion verifies your qualifications and confirms that you meet the extraordinary ability criteria.
- Wait for Approval
O-1 Processing times can vary after filing, USCIS will review your petition. If approved, your O-1 visa will be granted.
- Apply for a Visa at a U.S. Consulate (If Outside the U.S.)
If you are not in the U.S., you must apply for the O-1 visa at a U.S. embassy or consulate. This should be done after your O-1 petition is approved. You will attend an interview where they will process your visa application.
- Enter the U.S.
If your visa is approved, you can enter the U.S. and start working for the employer listed in your O-1 petition. The visa is usually granted for up to 3 years. You can extend it if your work still meets the criteria.
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