Success Stories

Securing a Critical Work Visa Waiver During COVID-19 Travel Bans

When the COVID-19 pandemic brought international travel to a standstill, many professionals found themselves caught in a web of restrictions, unable to enter the United States for essential work. Our client—a key executive at a multinational company—was no exception. With critical business operations at stake and a tight timeline, they turned to our law firm for guidance and support.
Despite sweeping travel bans and embassy closures, our immigration team quickly assessed the situation and identified a strategic pathway: securing a National Interest Exception (NIE) waiver. These waivers were granted only in rare cases where the travel was deemed vital to the U.S. economy, national security, or public health.

We worked swiftly and meticulously, compiling a compelling waiver petition that highlighted the client’s indispensable role, the urgency of their travel, and the significant impact of their presence on U.S. operations. Our petition included tailored legal arguments, supporting documentation, and a clear narrative that aligned with evolving Department of State and Department of Homeland Security guidance.

Thanks to our firm’s deep understanding of immigration policy and real-time regulatory changes, we were able to submit a strong and persuasive application. Within days, our client received approval for the NIE waiver, enabling them to obtain the necessary visa and travel to the United States without delay.

This case is a testament to our firm’s ability to deliver results under pressure and navigate the most complex and fluid legal landscapes. We are proud to have helped our client continue their essential work during a time when global mobility was more challenging than ever.

EB-1B Case Overcoming RFE for Petitioning Entity Clarification

Client Overview: Our client, a leading U.S. company, sought to bring an internationally renowned scientist with groundbreaking contributions through his scientific research to the United States. The petitioner, a subsidiary of a multinational corporation, filed an EB-1B petition to facilitate the scientist’s permanent residency. The petition was based on the scientist’s exceptional skills and research accomplishments, all of which made them a prime candidate for this extraordinary ability green card category.

Challenge: After filing the EB-1B petition, USCIS issued a Request for Evidence (RFE), questioning whether the subsidiary company, rather than the parent company, was eligible to petition for the beneficiary. The RFE requested detailed clarification on the relationship between the subsidiary and the parent company and how the subsidiary, despite its size and scope, could be considered a legitimate entity capable of sponsoring an EB-1B petition.

USCIS raised concerns that the subsidiary might not have the appropriate resources, standing, or authority to file an EB-1B petition, especially for a beneficiary with such significant accomplishments.

Strategic Approach: To address USCIS’s concerns, we carefully reviewed the company’s organizational structure, legal standing, and financials. Our team meticulously gathered evidence to demonstrate that the subsidiary was, in fact, a valid petitioner for the EB-1B case.

Here are the key points we presented:

1. Subsidiary-Parent Relationship: We provided a detailed explanation of the legal and operational relationship between the subsidiary and its parent company. This included corporate documents, governmental filings, and other evidence confirming the parent company’s full control over the subsidiary, including ownership percentages and decision-making authority.
2. Operational Independence: Despite being a subsidiary, the company had significant operational autonomy in managing specialized research and development initiatives, including the cutting-edge research for which the beneficiary was recognized. We included proof of the subsidiary’s independent operations, which demonstrated it could sponsor an EB-1B petition without requiring direct involvement from the parent company.
3. Financial Capacity: We provided comprehensive financial documentation to show that the subsidiary was financially stable and well-capitalized to support the EB-1B petition. This included audited financial statements, business plans, and projections of the subsidiary’s future growth, which underscored its ability to employ and sustain an extraordinary researcher.
4. Eligibility to File: We demonstrated that the subsidiary met the specific eligibility criteria for the EB-1B petition, including its ability to offer a permanent, full-time position to the beneficiary in a managerial or executive capacity within the organization.

Outcome: Our submission addressing the RFE was thorough and convincing. We provided USCIS with a comprehensive understanding of the subsidiary’s role in the petition process and its capacity to meet the EB-1B requirements.

USCIS reviewed the information and, after a careful examination, approved the EB-1B petition. The beneficiary was granted a green card, and the client successfully brought their exceptional talent to the United States.

Conclusion: This case highlights the importance of addressing complex RFE challenges with clear, well-documented evidence. Despite the initial hurdle, our strategic approach ensured that the petitioning subsidiary was recognized as fully eligible to file the EB-1B petition. This success story serves as a testament to the importance of thoroughly understanding the legal and operational structure of a company when navigating the intricacies of U.S. immigration law.

Securing O-1 Classification for a Scientist With Less Than 2 Years Post-PhD Experience

The beneficiary was a postdoctoral researcher with a Ph.D. completed only 18 months prior to filing the O-1 petition. Despite several publications and some promising collaborations, USCIS issued a Request for Evidence (RFE), questioning whether the beneficiary truly had “sustained national or international acclaim” as required, noting that their career was still in its early stages. USCIS specifically questioned 1) whether the evidence of publications and citations demonstrated international recognition, 2) if letters of recommendation were objective or merely from collaborators, 3) the absence of major awards or headline-making breakthroughs, and 4) whether the media coverage submitted was credible and widely circulated.

Our legal team crafted a meticulously targeted response to the RFE, addressing each of USCIS’s concerns with new evidence and a deeper level of contextual analysis.

To strengthen the case for the beneficiary’s recognition, we began by expanding on their publication and citation record. We submitted a comprehensive citation report, demonstrating a rapidly accelerating citation trajectory-over 250 citations in less than two years. To further underscore the academic value of the beneficiary’s work, we included the impact factors and acceptance rates of the journals in which their articles were published, establishing the prestige of those venues. We also highlighted the international reach of the research by noting citations from scholars across multiple countries, illustrating that the beneficiary’s work was not only recognized in the U.S. but had global academic influence.

We then bolstered the record of independent expert opinion by adding new letters from senior researchers at respected institutions abroad who had no prior professional or collaborative relationship with the beneficiary. These independent experts attested to the substantive contributions of the beneficiary’s research and explained how their algorithms were being actively used in genomic research tools around the world—clear evidence of impact and utility beyond their immediate academic network.

To support claims of broader visibility, we included additional media coverage from respected international science outlets. This included translated excerpts from overseas publications that had featured the beneficiary’s work, helping to establish that their contributions had gained attention in the global scientific community. After reviewing the comprehensive RFE response, USCIS approved the O-1 petition.