Immigration Lawyers Toolbox® Magazine, Issue 03 (Summer 2021) Special O-1A Edition

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Immigration Lawyers Toolbox Magazine

THE “SELF-PETITION” O-1 VISA:

The Most Versatile Option for Today’s Entrepreneurs by JOSEPH TSANG, Esq.

H

Joseph Tsang, Esq.

JDTsang@TsangsLaw.com

ow do you advise a client who is talented and an expert in her field but does not have a sponsoring company? Or perhaps the client already established a company as the executive and asks if his company can sponsor his O-1 visa. In most instances, the O-1 “self-petition” visa is the best option.

ILT Magazine

Here are a few statistics on the O-1 Visa from our firm:

Now to set the record straight, the O-1 beneficiary may not “self-petition” as is the case with the EB-1 extraordinary ability immigrant visa category. However, USCIS does allow a separate legal entity owned by the O-1 beneficiary to serve as the petitioner in certain cases1. Additionally, O-1 petitions are amendable to traditionally self-employed individuals by allowing an agent or employer to arrange short term employment with numerous employers. In short, the “selfpetition” O-1 visa is a versatile “catch all” option for professionals in all industries who are looking to create their own company or seeking to expand an existing business in an unrelated field. At our firm, we have helped hundreds of young entrepreneurs and professionals in all trades successfully establish their companies as a bona fide employer to meet the O classification. Recently, we helped a graduate student at MIT establish a biomedical company with his professor to launch his breakthrough biomedical

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invention. Our firm drafted the bylaws, business plan, and ownership documents showing that though he was majority owner, board member and the president, the company had sufficient control over the beneficiary and was therefore a bona fide employer. His O-1 was approved shortly thereafter. We included several other success stories that you can find in Appendix 1.

1 9 FAM 402.13-2(b) “USCIS regulations provide that the petitioner may be either an employer or agent. While O-1 beneficiaries may not self-petition, a separate legal entity owned by the O-1 beneficiary may be eligible to file a petition on behalf of the O-1 beneficiary.”

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