What will happen if the employment of the O1 holder is terminated?
If the employment is terminated for reasons other than voluntary resignation, the employer is liable for the reasonable cost of return transportation of the individual to his/her last place of residence prior to entry into the US. Q: What if the O1 visa applicant has a permanent labor certification or has filed a preference petition for permanent residence? A: USCIS regulations state that the approval of a permanent labor certification or filing of a preference petition for permanent residence shall not be a basis for denying an O1 petition, a request to extend such a petition, or the aliens application for admission, change of status, or extension of stay. Q: Is J1 nonimmigrant, who is subject to the 2-year foreign residence requirement, required to fulfill this requirement or obtain a waiver of this requirement before holding O1 nonimmigrant status? A: The answer is no. The J1 holder would be ineligible for changing his/her J1 nonimmigrant status in the US, and must travel outside th
