O-1 Visa and Green Card through an Employment Residency Self-petition (EB-1A visa)
April 24th, 2023
We are proud to present you with a testimony not only of a successful case of an O visa and a Self-petition for Residency, but of the trust that our clients place in us every day to help make their dream of making a life in the United States come true. For this and the feeling of pride that it evokes in us, we thank you from the bottom of our hearts.
James is a dedicated athlete, who over the course of his career represented his country in many competitions worldwide. James, in one of his visits to the United States as a tourist, came into contact with a company that was very interested in hiring him, but knowing the limitations of his tourist visa, they decided to seek an immigration attorney with the experience and knowledge necessary to determine the type of visa most suitable for this situation.
The company enlisted the services of the Boston immigration law firm, FitzGerald Law Company, which had to act quickly, as James’ time allowed to remain in the United States by his I-94 was about to expire. Our attorneys concluded that because of James’ skills, athletic accomplishments, and their alignment with the instructor position the company was offering, James was eligible to apply for an O-1 visa. However, while his achievements as an athlete qualified him as an instructor, the question was whether the USCIS would find that he was an extraordinary instructor.
The O visa (O-1 Visa) is a special visa for employment of aliens recognized for their extraordinary ability in the sciences, arts, education, business, or athletics, or extraordinary achievement in the entertainment industry. In record time, without setbacks and despite the complexity of this type of case, James’ application was prepared, sent to immigration and approved in two months. James did not need to leave the country, as his time under the new visa category was granted for three years and he was able to bring his family to accompany him.
A few months before his O-1 visa expired, James sought the services of FitzGerald Law Company to help him find a path to Permanent Residence in the United States for himself and his family. Attorney FitzGerald and his team presented James with two employment-based residency options: one, through the company that had applied for his O-1 visa, if the company was willing to sponsor him; and a second option, much more complex and with less probability of success—an EB-1A immigrant Visa, which is a self-petition for residency based on extraordinary abilities without the need of a company sponsorship.
James took a few days to think about it and to consult with other attorneys. Ultimately, he came back determined to enlist the services of our firm to apply for the EB-1A visa without a sponsor. Our immigration attorneys had clearly explained to James how difficult it would be to get such a visa approved and how costly the process was due to the complexity of the work required, but James was determined to obtain his U.S. residency through the EB-1A process with the help of our firm.
Our legal team spent substantial time preparing and reviewing a large volume of supporting documents and drafting a detailed memorandum of law explaining the basis for James’ eligibility. This directed the government’s attention to the elements that were in our client’s favor, while reducing the importance of the unfavorable elements in the case. As a result, USCIS was able to promptly approve the I-140 petition that allowed James and his family to obtain approval for their adjustment of status or his legal Permanent Residence (Green Card) in the U.S.
Our Boston immigration lawyers at FitzGerald Law company have more than 23 years of experience and successful track record helping immigrants navigate through the US immigration system, even in the more complex situations. To schedule an initial consultation with one of our immigration lawyers call at (617) 303-2600 or schedule your appointment online. Our attorneys can also help you in any criminal or accident / personal injury matters.