FACTS:

A Russian scientist approached our office seeking a way for the client and their family to live and work in the US. With a petitioning sponsor who saw the client’s potential to revolutionize the field of Agricultural Humics (don’t worry – we had to look it up, too!). This candidate was already an accomplished scientist with patents on novel technology, published scientific papers, and had been awarded scientific awards for excellence. The client asked us to seek a visa based on these accomplishments and to find a path forward based on the client’s significant achievements in their field.

THE LAW:

The O-1 visa is a category of nonimmigrant visa available to individuals with extraordinary ability in the sciences, arts, education, business, or athletics, as well as those who have achieved national or international acclaim in their respective fields. The O-1 visa allows individuals to come to the United States temporarily to work in their area of expertise.

To obtain an O-1 visa, the applicant must demonstrate extraordinary ability in their field through sustained national or international recognition. This can be proven through various types of evidence, such as receiving prestigious awards, recognition from experts in the field, or a high salary indicating exceptional ability.

Unlike other employment-based visas, the O-1 visa does not require a labor certification from the Department of Labor. However, the applicant must have a job offer from a U.S. employer or an agent acting on behalf of the employer. The employer or agent must file a petition on behalf of the applicant with the United States Citizenship and Immigration Services (USCIS).

In certain cases, individuals seeking an O-1 visa may be eligible for a national interest waiver. This means that they can request that the labor certification requirement be waived because it is in the interest of the United States. The specific jobs that qualify for a national interest waiver are not defined by statute, but they are generally granted to those who have exceptional ability and whose employment in the United States would greatly benefit the nation.

To qualify for a national interest waiver, the applicant must demonstrate the following:

1. The proposed endeavor has both substantial merit and national importance. This means that the work the applicant intends to pursue is valuable and significant in its field and has importance at the national level.
2. The applicant is well positioned to advance the proposed endeavor. They should provide evidence of their track record and achievements that indicate their ability to make significant contributions in their field.
3. It would be beneficial to the United States to waive the requirements of a job offer and the labor certification process. The applicant needs to show that their work is of such great benefit to the country that it justifies waiving the usual requirement of a job offer and the labor certification process.

Applicants seeking a national interest waiver have the advantage of being able to self-petition, meaning they do not need an employer to sponsor them. They can file their labor certification directly with USCIS, along with their Form I-140, Petition for Alien Worker.

Overall, the O-1 visa provides a pathway for individuals with extraordinary ability to work temporarily in the United States, and the national interest waiver offers an opportunity to bypass the labor certification process by demonstrating the significant benefit their work would bring to the nation.

THE RESULT:

This client engaged our services to prepare an O-1 visa case. The application was filed with the United States Citizenship and Immigration Services (USCIS) in February 2023. Through the use of premium processing, which expedites the processing time, the case was swiftly reviewed by USCIS. As is common in these cases, USCIS issued a “Request for Evidence” which required even further work to ensure we had documented the client’s status and excellence in the field.

After a thorough response, we are pleased to report that the client’s O-1 visa application was approved less than 2 weeks after responding to this RFE (again, the magic of premium processing). This is a significant accomplishment, as it demonstrates that the client possesses extraordinary ability in their respective field, meeting the stringent criteria set forth by USCIS.

The successful outcome of this case can be attributed to a meticulous review of the O-1 laws and regulations, combined with the preparation of a comprehensive and detailed application package. Our team worked diligently to compile the necessary evidence and present a compelling argument for the client’s eligibility for the O-1 visa.

DISCLAIMER: All Case Results published here depend on specific facts and legal issues unique to the case. It is impossible to guarantee any results.