PassRight

Case studies

Real cases, told in full - including the detours.

Four cases our attorneys prepared, written out rather than summarised: what the client arrived with, what the strategy was, and where it did not go to plan the first time.

Clients are not named. Every case is different; what worked here is not a template, and past results do not guarantee future outcomes.

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From O-1 Visa to EB-1A Approval for a Tech Entrepreneur

We hope that his story will give you some insight and inspiration for your own immigration journey!

We’d like to share the journey of a highly talented tech entrepreneur from India who has been at the forefront of AI-driven innovation in the manufacturing industry. His company specializes in using AI to predict and eliminate product defects, improving equipment efficiency for manufacturers. As a visionary in his field, he was determined to bring his expertise to the U.S.

A few years ago, our team of attorneys successfully secured an O-1 visa for him, recognizing his extraordinary abilities in technology. The application was approved without any Requests for Evidence (RFE), and he moved to the U.S. to continue developing his groundbreaking work.

However, his ambitions didn’t stop there. He wanted to make the U.S. his permanent home and grow his business in the AI sector. In 2023, our attorneys started the process for his EB-1A application, confident in the strength of his case. Despite his strong profile, our client received an RFE for his application, and ultimately, it was denied.

Undeterred, the client maintained trust in our team and the strategy our attorneys had developed. In 2023, President Biden issued an executive order prioritizing AI as a key area of interest for the U.S., which aligned perfectly with our client’s expertise. Our attorneys decided to refile his EB-1A case, this time with a renewed focus on his achievements in AI, adjusting our strategy to emphasize how his work directly contributed to this field of national interest.

This time, the result was exactly what we had hoped for; his EB-1A was approved without any RFE.

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From U4U to O-1A visa for Ukrainian Entrepreneur

We had a client that came to us from Ukraine as an entrepreneur and founder of her own startup. Initially, she arrived under the United for Ukraine (U4U) program, which was established to help Ukrainians flee the war. However, while U4U provided temporary relief, it had some significant limitations. For example, it wasn’t a formal visa, so she had issues with travel and potential complications if she ever wanted to apply for a green card in the future.

To help her gain more stability, she transitioned to Temporary Protected Status (TPS), which gave her some added security. But what she really needed was work authorization to continue growing her business and, most importantly, the freedom to travel in and out of the U.S. without restrictions. After discussing her options, our attorney decided the best path forward was applying for an O-1 visa—and later, potentially a green card.

Our client was incredibly accomplished in her field, so building the case for the O-1 visa went smoothly, same as USCIS approval.

While many Ukrainians face the risk of administrative processing during embassy interviews, the attorney recommended that she goes through the U.S. Embassy in Switzerland to finalize the visa and prepared her for all the possible questions. She attended her appointment, and everything went smoothly. She didn’t face any delays, and she came back to the U.S. with her O-1 visa officially activated—no longer relying on any temporary status like U4U or TPS.

Now that her visa is secure, we’ve started the process for her green card. Since she’s on the O-1, the adjustment of status will be much more straightforward compared to navigating the gray areas of U4U or TPS. In just a few months, she’s on track to become a permanent resident and continue growing her business here in the U.S.

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O-1 visa for lead software engineer and start-up founder from India

This leading software engineer was working for a big corporate company under an H-1B Visa, and was also a start-up founder. He was looking for a way to work for his start-up full-time. We will share what strategies were taken to successfully prepare his O-1A application in just eight short weeks. His petition was approved with no RFE.

We hope that his story will give you some insight and inspiration for your own immigration journey!

Our featured client is an Indian gentleman who had been employed as a lead software engineer in the U.S. under an H-1B Visa for several years. He had an approved I-140 under an EB-2 PERM, and was also a co-founder of a start-up company. He came to us for help, as his goal was to transfer his employment to his start-up and he needed flexibility in regards to the salary requirements.

Our attorney had to make a difficult choice between two options: proposing an H-1B transfer from his current employer to his start-up, or applying for an O-1A Visa. After careful consideration, it was determined that the H-1B Visa was not the best option for this client. He aspired to serve in the CTO position, and needed flexibility regarding his salary level as a founder. However, he was not yet ready to apply for the O-1A Visa and only met two of the required factors: critical role and high salary. Despite not being fully qualified, we believed that this client had a solid foundation to build an O-1 Visa application, and also wanted to consider his long-term goal of obtaining a Green Card.

Our attorney then proceeded to conduct an Evaluation and Strategy stage, which took four weeks. During this time, we evaluated our client’s achievements to date. We also helped him to understand what else was needed to strengthen his evidence, and mapped out the strategy for his future O-1 petition.

Our Evaluation and Strategy service proved to be an invaluable tool for building his O-1A petition and understanding the requirements for his future immigration goals.

He needed two more months to gather additional documentation, after which he came back to us to prepare his final O-1A application. We had submitted his application within eight weeks time, and were then thrilled to receive notification that the petition was approved with no RFE under premium processing.

This client now works for his start-up full-time, and is continuing to develop his portfolio so that he can apply for his EB-1A Visa in the future. He understands what the standards are for an EB-1A. The reality is that an EB-1A is all about your story, and it must thoroughly convince the USCIS that you are a top expert in your field.

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EB-1A Green Card for Indian Vice President of Digital Product Management (after RFE received)

We hope that his story will give you some insight and inspiration for your own immigration journey!

Our featured client is an Indian lady who has been employed as a Vice President of Product in the U.S. under an H-1B Visa for several years. She had no prior I-140 approvals and was also a founder of multiple diversity-oriented initiatives that inspired thousands of women in America and beyond. The client’s commitment to diversity and inclusion is not only evident in her mission but also in the tangible results she has achieved. Her work has created opportunities for women in technology, enabling them to thrive and excel in an industry that has traditionally been dominated by men. She came to us for help, as her goal was to transition from her regular job and gain more freedom to work on her side projects.

Creating a strategy for the client proved to be a challenging task, primarily due to the unique nature of her field in digital product management within the financial sector. This specialized niche is not commonly encountered in standard USCIS requirements, which often cater to more traditional job categories.

To overcome this hurdle, we had to make significant adjustments and modifications to align her expertise with USCIS standards. It involved careful documentation collection and explanation of her pivotal role in the development of innovative digital products aimed at women and her substantial contribution to the tech industry. The strategy process required a deep understanding of both her professional background and the specific USCIS criteria to create a compelling case that accurately represented her qualifications and contributions, ultimately paving the way for her immigration status.

Despite being initially denied, we believed that this client had a solid foundation to build an EB-1A Visa application, and most importantly the client truly believed in her outstanding achievements and entrusted us with the story we wanted to create. The Attorney encouraged the client to resubmit and the petition was approved with no RFE under premium processing.

Your case

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Every approval above started with an honest read of the profile. Book a free evaluation and find out which pathway actually fits yours.

Legal services provided by the Law Offices of Jacob J. Sapochnick. Past results do not guarantee future outcomes. Attorney Advertisement.