O Admission to the United States / Duration of Stay / Extension of Status

An O nonimmigrant may be admitted to the United States for up to three (3) years. The foreign national may be admitted up to ten (10) days before the proposed start date, and stay until ten (10) days after the validity period on the approved petition. The foreign national cannot work during any of these ten (10) day periods.

All requests for extensions of O nonimmigrant status must b filed with USCIS. Extensions may be granted in one (1) year increments for the same event. There is no documentation needed for the petition to extend status; that is, the petitioner need only provide a statement explaining the reason for requesting an extension of O nonimmigrant status. Also, there is no new consultation required. (The Consultation Requirement will be discussed in detail below.)

Under the law, in the case of a foreign national who enters the United States as an O nonimmigrant and whose employment is terminated for any reason except voluntary resignation, the employer whose offer of employment formed the basis of such O nonimmigrant status and the petitioner are jointly and severally liable for the reasonable cost of return transportation of the foreign national abroad. For the purposes of this requirement, the term "abroad" means the foreign national's last place of residence prior to his entry into the United States.

This guide was developed by Meyers & Meyers, LLP as a resource to help you understand some aspects of Immigration Law, which is very complex. It is not intended to create an attorney-client relationship. We recommend you contact one of our experienced Immigration Attorneys to devise an individualized plan to help you and/or your company achieve your goals. Please contact Meyers & Meyers, LLP at [email protected] for assistance.

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