O-1 VISA
Case Study - Pharmaceutical Firm Hiring Extraordinary Ability Researcher
Business Problem
A U.S. pharmaceutical company need the world’s best scientists to work on developing new drugs. The U.S employer has identified a PhD researcher who has several prestigious scientific awards, patents in the area of needed research, and who is lead researcher in cutting edge studies. The researcher is a citizen of Portugal and is currently employed in the U.K.
Business Goals
To fill the research Senior Scientist/Researcher with an expert in the field to ensure cutting edge research continues to enable creating of new drugs.
Strategy + Solution
The Mdivani lawyers reviewed offered position and the candidate’s qualifications. We discussed with the employer availably work visa options regarding the position and the candidate. Due to the researcher’s exceptional career, including approved patents, pending patents, peer-reviewed publications, awards, journal board membership, we determined that the Employer may file a petition for O-1 extraordinary ability classification to lay the foundation for the O-1 work visa. We also recommended considering an EB-1 extraordinary ability green card process.
Execution
The Mdivani attorneys worked with the Employer and candidate to gather evidence showcasing this candidate’s qualifications and background. This included analyzing evidence of patents, awards, publications, letters from experts in the field explaining the significance of the researcher’s original, scientific discoveries, and major achievements in the field. We worked with the Employer and the candidate to identify their peer reviewed scholarly work and those works they have peer reviewed as well. We were able to show in the Employer’s O-1 Petition that most criteria under O-1/EB-1 regulation were met, and USCIS approved the employer’s O-1 Petition. The US Consulate subsequently approved the O-1 visa, and the researcher joined the U.S. employer in the U.S where he contributed to successfully developing new drugs.
Planning Ahead, Short Term + Long Term
If the Employer needs to retain the researcher long-term, the Employer needs to consider engaging in the EB-1 extraordinary ability employer-driven green card.
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