Applicant: Dr. Zhang
Country/Region: China
Case category: O-1 outstanding talent work visa
Areas of Expertise: Physical Chemistry, Biomedical Technology
The case lasted: three months

Difficulties:
• If he wants to start his own business, Dr. Zhang must switch to a work visa before the OPT status expires
• Dr. Zhang was unable and too late to apply for H-1B
• As a Chinese citizen, Dr. Zhang is not eligible for the E-2 visa application
• Dr. Zhang only provides documents that can prove that he meets the minimum requirements of “three out of ten”

BACKGROUND
Dr. Zhang plans to use his newly obtained biomedical technology patents while working at the Massachusetts Institute of Technology to cooperate with his American professors to start a business. However, the issue of identity has become a stumbling block for Dr. Zhang to realize his ambitions – OPT is about to expire, and it is impossible and too late to apply for H-1B, so he is not eligible for E-2. When Dr. Zhang was in a hurry and had no idea what to do, he found Tsang & Associates (PLC), which was highly praised by customers, on the Internet. After reading a successful case of self-employment and successfully applying for an O-1 visa, he immediately called for help.

The O-1 visa is the “upper sign” to solve Dr. Zhang’s dilemma. O-1 work visa, applicants must be outstanding talents in science, education, business or sports, and meet the outstanding standards of “three out of ten”. It is not easy for Dr. Zhang to meet the requirements of “three out of ten” in his new exam, but Tsang & Associates (PLC) is confident in proving that Dr. Zhang is qualified.

KEYS TO SUCCESS
With a heavy responsibility on his shoulders – Dr. Zhang’s status in the United States, entrepreneurial opportunities, and scientific and technological innovation contributions, Zang Dikai’s joint law firm (Tsang & Associates, PLC) quickly put into work.

After reviewing relevant documents, Tsang & Associates believes that although Dr. Zhang’s professional achievements are not many, they are undoubtedly outstanding. Dr. Zhang can only provide the minimum requirements to prove that he meets the criteria of “three out of ten” (original contributions in his professional field, author of academic articles, and judges of other people’s work). We believe that the more proofs of achievement, the better, so we still try our best to collect as many relevant documents as possible, so as not to leave any room for the immigration officer to question Dr. Zhang’s expertise.

In addition, the company (applicant) applying for the O-1 visa must prove the true employment relationship with the beneficiary. For Dr. Zhang, self-employment is the best way. A key factor in establishing a legitimate employment relationship is that the company can hire and fire Dr. Zhang if necessary. The key strategy for success is that Dr. Zhang’s executive position fully highlights his central position in the company.

OUTCOME
During the COVID-19 pandemic, Tsang & Associates, PLC successfully helped Dr. Zhang set up a biomedical company in California, and successfully applied for a three-year O-1 work visa with the company within three months. In addition, Dr. Zhang’s company quickly struck a licensing agreement with MIT, secured government grants and private investment, and began clinical trials with healthcare providers. Dr. Zhang is deeply moved.

Lawyer Comments:
young? Don’t be afraid! fledgling? Don’t be afraid! The economic environment is not good, and it is difficult to find an employer? Don’t be afraid! Prominent and self-employed, an O-1 visa is one of the good choices. Like the popular H-1B and L-1 visas, O-1 allows applicants to immigrate. It is the future application for EB-1A outstanding talent immigration. Applicants who need an O-1 visa are welcome to contact us for further information. 

*To protect customer privacy, customer names are pseudonyms.