Success Stories/Immigration/O-1 Extraordinary Ability Visa/Creative Director: Approved After Clearing an Unauthorized-Employment Concern
Approved after clarification

Unauthorized-employment concern

Creative Director

Background

Mr. W runs a family business in China and built two large chain brands. After his standout work on the Asian-inspired creative elements of an international competition, he was invited to attend the event in the United States as a guest.

Challenges

He entered on a visitor visa to attend the event and then applied for an O-1. USCIS questioned whether he had in fact engaged in unauthorized employment in the United States while on the visitor visa.

Strategy

We carefully mapped the timeline and locations of the event planning work, showing that the core creative work had all been completed outside the United States. He traveled to the U.S. only as an invited guest and did no paid work.

Outcome

USCIS accepted the explanation, and the O-1 visa was approved.

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