Lawyer Cost Near Me Guides O-1 Visa Strategy in New York

The client was the founder and CEO of an artificial intelligence solutions startup specializing in enterprise automation and data optimization tools.

Although the company had achieved measurable commercial success overseas, the client did not meet the immediate statutory requirements for an E-2 Treaty Investor visa or an L-1 intracompany transferee visa due to ownership structure and employment duration constraints.

The primary objective was to establish a physical presence in New York to engage with U.S. Partners, investors, and early enterprise clients.

The O-1 visa is governed by Section 101(a)(15)(O) of the Immigration and Nationality Act (INA), which permits entry for individuals demonstrating extraordinary ability in science, business, or technology.

Contrary to common misconception, the statute does not require academic tenure or a long publication record if alternative evidentiary criteria can be satisfied.

New York–based commercial activity and national economic interest were positioned as central elements of the petition.

Instead of relying on academic publications, the legal team curated evidence of the startup’s proprietary technology, revenue growth, international client adoption, and independent expert testimonials.

Documentation also highlighted how the client’s work aligned with U.S. Innovation priorities, particularly within New York’s technology and startup ecosystem.

This approach allowed the petition to satisfy multiple O-1 evidentiary prongs under 8 C.F.R. §214.2(o).

U.S. Citizenship and Immigration Services approved the O-1 petition within the premium processing window without issuing a Request for Evidence.

The approval authorized the client to immediately commence qualifying professional activities in New York, including business development and investor engagement.

This outcome reflected the strength and coherence of the legal narrative rather than reliance on conventional credentials.

Based on the same body of evidence, counsel initiated a strategy consistent with EB-1A or National Interest Waiver (NIW) standards under INA §§203(b)(1) and 203(b)(2).

The client’s demonstrated capacity to contribute to U.S. Economic growth and innovation formed the cornerstone of the immigrant petition.

By structuring the case in New York, where the business operations were actively based, the legal strategy remained factually consistent and legally defensible.