At PassRight we provide financing, via Income Sharing Agreements or “ISAs” for high-skill foreign engineers and founders that qualify for O-1 visas. Here is the FAQ and answers about this process
What is a “Servicing company”?
Servicing company is a company which will be deducting the agreed amount of money from your salary until you reach the capped fee of your ISA.
What is an O-1 status and how it is different from an O-1 visa?
An O-1 Visa status is different from an O-1 visa in that the visa is a document affixed to your passport and allowing you to enter the US. Once you arrive in the US, you are granted an O-1 status, which is your authorized stay in the US.
You may be admitted in the US on a tourist visa (B-1/B-2) and granted a B-1 or B-2 status, but then, while still in the US, you may change it to an O-1 status. An O-1 status obtained as a result of the change of status will not allow you to travel (except to Mexico or Canada for no more 30 days by land). If you need to travel, you would have to appear in a US consulate in your country and apply for an O-1 visa.
Would I be forced to work on any project?
No, you will decide which jobs you like to obtain.
Can I leave the United States after entering on an O-1 visa?
Yes, you can. There is no limit to the number of times you can leave or enter the US as long as you are on a valid O-1 visa. The validity period of your O-1 visa also depends on what country you are from. To get the visa stamped in your passport, you must visit the US embassy or US consulate in your home country.
How long does the O-1 Visa petition preparation process take?
The whole process can take up to four months, but it usually takes two months to prepare a case and 2–5 months to receive the USCIS’ decision regarding the approval of the submitted case (this process can be reduced to 15 calendar days after paying a filing fee of USD 1,410 for the USCIS premium processing. Waiting time for having your visa interview appointment scheduled may vary depending on your country of origin.
How can I pay for the services?
There are two ways to finance the O-1 visa. You can either pay for the process on your own, which will cost approximately USD 13,000 (the price may vary on a case-by-case basis) or enter into the Income Sharing Agreement. You would then be required to pay 17% of your salary for a period of 24 months until you reach a cap of USD 30,000.
Will PassRight help me get a job after my O-1 Visa is approved?
We can support you with your job search, but you will have to be committed to the process and actively look for opportunities on your own, as well as attend interviews. We have developed an internal platform specifically designed for the purpose of presenting our clients’ professional profiles to potential employers and recruiters. At times we may submit your job application on your behalf, but under no circumstances will you be forced to accept an offer that you do not wish to take.
Can I bring my family to the U.S.?
Your spouse and minor children can apply for an O-3 visa, which is designated for dependents of an O-1 visa holder and which will allow them to relocate with you. However, they will not be permitted to work.
Please note we only finance the government fees for you. Your family will have additional government/filing fees that will be paid by you and your family.
How long can I stay in the US on an O-1 visa?
The O-1 visa can be approved for a maximum of three years at a time. It is possible to apply for unlimited extensions if you are able to provide evidence of upcoming events or future employment. However, an O-1 visa is not always granted for three years. If there is only one short event or project in which you are going to participate, the USCIS will approve your O-1 visa to cover only this time period.
What if I get the visa and don’t go to the US?
If you have entered into the Income Sharing Agreement with us, the O-1 visa petition on your behalf has been approved, but you have decided not to relocate to the US, you will be required to pay USD 10,000 to us for a breach of contract. You have to bear in mind that there is a team of professionals working on your petition, and the task of completing your case is both time-consuming and resource-intensive. We invest a lot of energy to prepare a successful petition for you.
Is this process legal?
Yes, it is. Our legal team comprises highly qualified and experienced immigration attorneys and law advisers to ensure that all the cases we file meet the USCIS requirements.
We always ask our prospective clients to schedule a call with our legal team members so that they can discuss all their concerns related to the process. We also offer a free of charge evaluation, based on which we can assess if a person is eligible for the O-1 classification.
How does medical insurance work in the US?
Since you will be employed by a company, your health insurance will be sponsored by them. You will also be on a six-digit salary, which means that, even if you choose to go for an individual plan, it will be well within your budget.
What kind of awards do I need to qualify for an O-1 visa?
To qualify for an O-1 visa, you will need to prove that you have won awards for outstanding achievements in the field of your expertise. It should be an individual award in recognition for your accomplishments and extraordinary feats. The award should be given to you by a recognized body, either public or private, and should be related to your professional field. High school awards or the ones which have been given to a team you were only a member of, will not count.
Once I have been granted an O-1 status or visa, can I change the employer without having a new O-1 petition filed?
The new employer will have to file a new petition on your behalf. Even though you already have an O-1 status, you still need to prove that you have maintained your level of acclaim in the field of your expertise and that you are sustaining a valid O-1 status in the US.
Normally, the cost of the new petition is covered by the new employer. In case you will want to move your visa in the next 2–3 months from the approval, then we will help you without any additional costs, employer will have to cover the USCIS fees ($460 + $1410 for premium processing). In case the case will be moved at a later stage, we will discuss the offer that is acceptable for all parties (hard to predict right now, as it will also depend on your achievements from the date of approval).
You can continue be employed by PassRight on your O-1 visa, and at the same time provide services to other companies as an employee of PassRight.
What criteria do I need to meet to receive the O-1 classification?
When applying for the classification (whether a visa or status) as an alien of extraordinary ability in the fields of science, business or education, you must meet at least three of the following eight criteria:
- Nationally or internationally recognized prizes or awards
- Membership in associations requiring outstanding achievement of their members
- Articles about you and your work in professional, major trade publications, or other major media
- Judging the work of others in your professional field
- Original contribution of major importance to your professional field
- Authorship of scholarly articles published in professional journals or other major media
- Acting in a critical or essential capacity for organizations that have a distinguished reputation
- A high salary or other remuneration in comparison to other professionals in your field in your country.
If you are applying for classification as an alien of extraordinary ability in the fields of arts, motion pictures or television you will have to meet at least three of the following six criteria:
- Proof that you performed and will perform services as a lead or starring participant in productions or events which have a distinguished reputation
- Critical reviews or other published materials by or about you in major newspapers, trade journals, magazines, or other publications\
- Evidence that you have performed, and will perform, in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation
- A record of major commercial or critically acclaimed successes such as rating, standing in the field, box office receipts, motion pictures or television ratings, and other occupational achievements reported in trade journals, major newspapers, or other publications
- Evidence that you have received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in your professional field
- Evidence that you have either received or will receive, a high salary or other substantial remuneration your professional work
Where is the PassRight office located? Where are you calling from?
Our offices are located in San Francisco and Houston. We have recently opened another office in Warsaw, Poland. Thanks to this, we can be now even more flexible in terms of hours during which we operate and serve our clients.
How do I know this is not a scam?
To be certain that this is not a scam you can always do a background check on the organization wither yourself or through a third party before you decide to work with us. We can also connect you with our clients who have already been granted their O-1 visas through us so that they can share their opinions with you.
What if I don’t fi a job in the US?
You are a person with extraordinary abilities and there is a shortage of people with the skill set, knowledge and experience you possess, so the chances of you not getting a job are quite slim. Nevertheless, if you do not get a job and have applied for the visa on the basis of the Income Sharing Agreement, we will not expect you to pay back the ISA cap.
What are the risks involved?
From your end, there are no risks involved as we will be financing the process for you. The only fee which you will be asked to incur in order to start drafting the petition for you amounts to USD 390. However, this fee will be returned to you if the O-1 petition on your behalf is denied.
Credit Card Payment Authorization: What is this for and how much will you charge? Do you accept non-US credit cards?
Credit card payment authorization is for the fee of $390, which is the initial payment required for the Applicant to start the process — called “skin in the game.” We need a confirmation that you are serious about the process. As stated above, the fee will be refunded if the O-1 visa on your behalf is not approved.
Yes, we can charge a non-US credit card.
What kind of costs do you cover?
We will initially cover the following:
- all the attorney fees incurred in connection with the O-1 visa petition on your behalf
- all the filing fees charged by the US government whether it is the US Citizenship and Immigration Services or US embassy/consulate
- mailing expenses
- cost of translations, if any
After the approval of the petition, we might offer you additional financial options to cover the cost of relocation including travel expenses, first months of housing accommodations, etc.
Can I change an O-1 visa to a green card?
Yes, you can. However, filing a green card petition is a totally different process, and its result is not guaranteed. To receive a green card as an alien of extraordinary ability, you will have to meet the extraordinary ability standard that applies to green card petitions. You will also have to show that you have not violated your O-1 status.
Do I have to wait for my O-1 status to expire to apply for a green card?
You can apply for a green card before your O-1 status expires.
How long can I stay in my home country after receiving the O-1 visa?
Although there is no fixed duration of time as to how long you can stay in your home country, you need to understand that the earlier you arrive in the US, the better it is, as you can immediately begin with the job search. Also, the longer you stay in your home country after receiving the visa, the more questions you may face during your time of entry, creating a risk that you might be sent back home.
Should I be afraid of the visa interview?
No, you shouldn’t. We will help you prepare for the interview so that you can feel more at ease when you are in the US embassy or consulate. Remember that the officers just want to verify that there is no fraud involved and that you have not violated any US immigration in the past.
I have heard that O-1 visas are intended for Nobel prize winners and Oscar winners only. How will I qualify?
This is a common misconception, as an O-1 visa is for anyone with extraordinary abilities which can be proven. Very often people become disheartened after going through the list of the O-1 criteria. However, to qualify for the O-1 classification, all you need is to meet three criteria, which is quite doable.
Do I need to actively participate in the petitioning process?
Yes, we will need your active participation throughout the process. At the same time, we believe that if you are genuinely committed to the idea of starting a new career in the US, you will be truly engaged in the preparation of your petition. You will need to provide us with many documents and make sure that all the letters in support we will prepare for are signed.
May I switch from an ISA agreement to the fixed fee structure based on success?
It is possible to change the agreement structure within 30 days. We will return you the fees that you have paid in case the O-1 petition on your behalf is denied.
On Page 1, Paragraph 1, of the Service Agreement, the company is referred to as Shop Immigration. Is it different from PassRight?
PassRight is the brand name under which we operate our business whereas Shop Immigration, Inc., is the legal registered name of our company. PassRight is the “d/b/a” of Shop Immigration, Inc.
Will PassRight disclose my personal data to anyone?
We will not share any information which you provide to us, except for the data presented on our platform to potential employers and investors, as well as the information included into the USCIS forms and other materials that need to be submitted to the USCIS to ensure the approval of the O-1 petition on your behalf. Your achievements will be shared with an attorney working on your petition, but you will have full control over the information we process for the purpose of preparing the petition.
There may be instances when third Party Consultancy Companies will hire me to obtain certain industry-specific professional insights. Will the income I receive from these arrangements be subject to the ISA Agreement?
Yes, it will. Earned income means your total wages, compensation and gross income from self-employment reported on your income tax return. This includes income from the companies you may establish yourself.
Do I have sign the Attorney-Client Legal Service Contract?
This agreement is required to be signed by you as our attorney needs your approval to work on your case and represent you before the USCIS. Legal fees will be covered by us.
What will be my legal relationship with Shop Immigration, Inc., (PassRight), the company that will sponsor me?
Your O-1 visa will be sponsored by us and you can remain in our employ (we will charge the US company for the services you provide to them). Alternatively, if you find a new sponsoring company to work, it will have to file a new O-1 petition on your behalf, and your new O-1 status/visa will be linked to the new employer.
If a US employer is found before our petition on your behalf is filed, then that employer, not us, will be your sponsor. Once you create your profile on PassRight, we will start looking for projects/jobs/employers for you.