Your employee was not selected in the H-1B lottery - the employer's options
10 mins read | Sep 28, 2026
US IMMIGRATION APPLICATIONS DON’T HAVE TO MEAN OBTUSE OR SLOW PROCESSES.
Contributor
Tukki
Reading time
3 mins read
Date published
Sep 24, 2024
Most US visa applicants are anxious about starting their O-1A visa process, and from what Carlos Mejia had heard from friends, dealing with traditional law firms was a nightmare. "I heard from a colleague that the experience with normal US immigration lawyers was horrible. You get no feedback, sending documents is confusing, and understanding the thresholds of the criteria to obtain a visa becomes a blur." A lack of transparency and communication is concerning, especially with such a complex immigration system.
The O-1A is an extraordinary ability visa, for individuals who have demonstrated extraordinary ability in the fields of science, education, business, or athletics. Carlos certainly had extraordinary ability, but wasn’t sure where to begin, which US immigration lawyers to trust, or how much the process would cost.
Carlos knew that applying for a US visa could be a long and nerve-wracking process, and knew that few people were prepared for just how intricate it could be. His friend, Akrisht Pandey, who had gone through the same process with another law firm, had struggled to get answers and was constantly unsure of where his case stood. Carlos feared the same, knowing a lack of transparency would add to the stress.
That’s when Carlos led Akrisht to Tukki’s legal platform. Even though Carlos hadn’t yet engaged any law firm, he was impressed by what he heard about Tukki and how it contrasted with his friends’ previous experiences. After Akrisht confirmed Carlos’ suspicions, he decided to use Tukki as well.
Carlos’ first interaction with Tukki’s CEO set the stage for a more reassuring journey. “Ramiro’s approach felt very personal. Even at the beginning, I felt at ease because Ramiro was transparent about which US visas were options for me and what the different steps would look like.”
Still, gathering the necessary evidence for the O-1A visa criteria would be a daunting task. Carlos felt the pressure to ensure all his documentation was in order. "It took more time than I’d have liked to gather all the evidence, but Tukki gave me the reassurance I needed to stay on track."
Working with Tukki was a completely different experience to what Carlos expected from the US visa application process. Rather than dealing with scattered paperwork and unclear timelines as he’d been warned about traditional law firms, Carlos had access to a central platform where he could track his case, upload and review documents, and be sure he was submitting everything correctly. "The Tukki team’s involvement plus the tech platform where you're able to track your own process were key to how smooth it went," Carlos says.
The personalized support from Tukki’s team were the main difference. "I had calls of one or two hours in which we were looking at the documents, looking at the letters, reinforcing them together. We went back over my past achievements, reviewing each piece of evidence I was submitting," Carlos explains. This personalized attention helped him feel confident that his case was as strong as possible.
Since US visa applicants need to share extensive amounts of information with their legal team, it seems appropriate that their legal team offer the same level of transparency into process times and paralegal work. This, standard procedure for Tukki, was how Carlos could understand not just the legal aspects of his US visa application but also his role in making sure it succeeded.
“Tukki offered me all the tools and the time I needed. But it wasn’t just up to them. I had to make sure I was putting in the effort to gather quality documents and evidence,” he reflects. The success of each application hinges on the close partnership between a visa hopeful and their legal team.
Tukki’s personalized approach, legal expertise, and technology teamed up with Carlos’ hard work— and his O-1A visa was approved in 2024. For Carlos, his US visa application experience was premium and a world apart from what he had heard about traditional immigration law firms.
"The amount of personalization, attention, and immediacy I received was impressive," he says. With the help of the US immigration lawyers at Tukki, Carlos navigated the complex US visa process with confidence, all the way through to visa approval.
To find out if you’d also be eligible to meet the O-1A visa criteria, start with our free visa assessment.
WE CAN HELP
Need more clarity?
Find quick answers to frequent visa questions from our legal experts
What’s the difference between “extraordinary ability” and “exceptional ability”?
Extraordinary ability is the language you must use in O-1 and EB-1A cases, and it means you are among the very top in your field. Exceptional ability (EB-2 NIW wording) means you have expertise significantly above the average but not necessarily at the very top.
What is the Kazarian two-step analysis?
The Kazarian two-step analysis comes from Kazarian v. USCIS. Step one asks whether you meet at least three of the ten regulatory criteria, or hold a qualifying major award, judged item by item against the plain language of each criterion. Step two, the final merits determination, weighs all of the evidence together to decide whether it shows the required level of acclaim.
The decision separated the counting step from the weighing step so that extra requirements are not loaded into the individual criteria.
What business evidence counts for an EB-1A petition?
The strongest evidence is documentation you likely already have: funding and cap-table records, revenue and market-share data, media coverage, industry awards, board or advisory roles, and expert letters from senior figures in your field. Third-party proof tied clearly to a specific criterion carries far more weight than self-reported claims.
The goal is a coherent record that shows your work influenced the broader field, not just your own company.
How many of the 10 EB-1A criteria do I need to meet?
You need to meet at least 3 of the 10 criteria with well-documented evidence. Meeting more than 3 strengthens your petition, but 3 is the minimum.
The quality of your evidence matters as much as the number of criteria you satisfy. A strong petition with 3 well-supported criteria can be more persuasive than a weak case claiming 5. For a detailed look at each criterion, see our EB-1A eligibility criteria guide.
Which work visas do not require an employer sponsor?
Among green cards, the EB-1A (extraordinary ability) and EB-2 NIW (national interest waiver) allow self-petition, so the individual files without an employer or a PERM labor certification. The E-2 doesn't use a traditional employer either, since it's based on the applicant's own investment.
Every other major work visa, including the H-1B, L-1A, O-1, TN, and the standard EB-2 and EB-3 green cards, requires an employer or a job offer.
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