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O-1A for Logistics and Supply Chain Manager

O-1A for Logistics and Supply Chain Manager

  • Applicant: Mr. Wang*
  • Nationality: Chinese
  • Service: O-1A
  • Occupation: Logistics and Supply Chain Manager
  • Approval Time: 2 Months
  • Challenges
    • Applicant had already received EB-1A green card
    • Due to the backlog, the applicant had to wait four years till they could come to America
    • Applicant needed to come to America sooner than four years
    • O-1A applicants must demonstrate they have no intent to permanently immigrate but receiving an EB-1A visa proves applicant does intend to permanently immigrate

BACKGROUND

Our client, Mr. Wang, was a talented logistics manager for a supply chain in China. He was so gifted, in fact, that when he applied for a visa to move his business to the U.S., he obtained the coveted EB-1A visa. The EB-1A is the most competitive visa in America, reserved for the best of the best. If you receive an EB-1A, that’s a sign that the U.S. government considers you a valuable asset to the nation.

Unfortunately, the system was so backlogged that officials told Wang he must wait at least four years before they could send him his visa. In the meantime, he must remain outside the country.

However, this situation was completely unacceptable. Mr. Wang did not have the luxury of waiting four years to start working in America. He needed to start as soon as possible.

To solve his dilemma, Wang decided to apply for an O-1A nonimmigrant visa, which would allow him to come to the U.S. sooner. There was just one problem, however: he had already been given the EB-1A. To apply for an O-1A, the applicant must demonstrate that they do not have the intent to immigrate permanently. But the fact that he’d received the EB-1A was undeniable evidence that Wang did indeed intend to stay.

Wang consulted multiple immigration firms and online forums, and they all told him the same thing: his case was impossible. USCIS would take one look at his application and reject him. He was unable to find one law firm that could help him and began to feel overwhelmed. If he failed, they might even rescind his approved visa. It was too big of a risk, better to wait the four years, they all said.

But Wang, a risk-taker by nature, would not back down. When he finally contacted Tsang & Associates about his case, his voice on the phone was full of resolve. He explained to us his predicament and asked if we were willing to help. Fortunately, we had already successfully handled several other similar situations. We agreed to take the case.

 

KEYS TO SUCCESS

We knew right away that the EB-1A would prove an enormous obstacle to Wang’s case, so we decided to use it to our advantage. Rather than ignoring it, we highlighted the EB-1A as proof that the United States desperately needed someone of Wang’s caliber as soon as possible. The fact that he obtained such a prestigious visa, we argued, demonstrates that he is an extraordinarily talented individual who had a lot to offer the country. He was an innovator who revolutionized the market in China and now planned on helping America do the same thing. Was the U.S. government truly intent on making Wang wait four years to come, we asked, because of a problem they created? In four years, Wang would take his ideas to a different country, and the U.S. would lose out on all the innovations he had to offer.

 

OUTCOME

USCIS found our arguments persuasive and decided to make an exception and grant Wang an O-1A visa. This allowed him to skip the four-year waiting period and come immediately to the States. When Mr. Wang had found out the news, the feeling of being overwhelmed had left his body. He was elated that he had found a law firm that had so much experience in this type of Visa and was willing to take his case on. Today Wang lives in southern California, working tirelessly on his inventions to make the world a better, more connected place.