Science O-1, NIW Double ApprovalPublished: Friday, June 14, 2013
Our client was a biochemist in a cap-exempt H-1B position. He wanted to move to a for-profit employer who was willing to sponsor him for permanent residence. However, our client was concerned about loss of work authorization between the time he moved to a cap-subject position and the time he received his EAD. In addition, we were concerned (as we always are) about maintenance of underlying status in case of permanent residence denial. We therefore took advantage of premium processing service to gain speedy approval of an O-1 nonimmigrant case on his behalf. At the same time, we filed a National Interest Waiver permanent residence case. The O-1 allowed him to work continuously during the transition between employers. Fortunately, there was no need to fall back on it as an underlying status - his permanent residence case was approved quickly and without any request for further evidence.