Changing jobs after I-140 approval - what happens to your priority date
10 mins read | Jun 16, 2026
AN INSIDER’S PERSPECTIVE ON WHAT MAKES BEING AN IMMIGRATION LAWYER CHALLENGING AND UNPREDICTABLE.
Contributor
Nadine
Reading time
3 mins read
Date published
Dec 3, 2024
Immigration law might seem like a clear-cut field where rules are applied uniformly, but the reality is far more complex. To get an insider’s perspective on what makes this job both challenging and unpredictable, I spoke with José Carlos de Wit, an experienced attorney working in US immigration services since 2014 and practicing law for longer.
Even the most airtight immigration case can face unexpected hurdles. According to José: "The perfect candidate with the perfect case can get the wrong officer and get the wrong outcome."
He highlights that success of a US green card or visa isn’t solely about meeting the requirements. The adjudication process introduces an element of unpredictability. "You might do an excellent job, but the other part of a case's success is just who is reviewing it. Human bias does exist, and sometimes adjudicators struggle to keep up with policy changes."
Policy updates, varying interpretations, and individual discretion can all influence the outcome of a case. What else makes working in US immigration services more challenging?
Immigration law evolves rapidly, often leaving little time for attorneys, applicants, or even adjudicators to catch up. What was true six months ago might no longer apply, making it critical for immigration lawyers to stay ahead of the curve.
On the other hand… José puts it bluntly: "Immigration works in dog years." The processes move slower than we all hope and expect, so you can never start planning for a green card or visa process too soon.
Immigration in the US isn’t governed by one central body. Instead, multiple agencies with distinct roles and often conflicting approaches manage the process of US green cards and visa. "There are three large agencies dealing with immigration in the US—DOS, DHS, and DOL—which in turn are subdivided into sub-agencies including USCIS, ICE, and CBP. They all have their own rulebook, and they change without warning,” says José. This fragmentation can result in confusion and frustration for applicants and attorneys alike.
Equally concerned with this complexity, Tukki faced this issue head-on, creating technology to ease the job of the immigration lawyer as well as visa hopefuls. Read more about those US visa services here, if you’re curious.
Unlike other areas of law with comprehensive codes, José sees immigration law as a large tangle, with legislation, guidelines, and administrative interpretations in multiple places.
"There’s no 'Bible' for immigration law—there's a patchwork of acts, manuals, and memos that may or may not apply depending on the officer and the day." This lack of consistency means immigration lawyers must navigate each case with precision, creativity, and adaptability, and of course keep some Tylenol on hand for the headaches!
For immigration lawyers, the work of US green card and visa applications isn’t just about filing forms or attending interviews. It’s about staying resilient in the face of uncertainty and working hard for clients who may feel the system is stacked against them.
José’s insights reveal the human side of immigration law: a field where success depends not just on knowledge but on persistence and the ability to adapt to an ever-changing landscape.
For those seeking US immigration services, I hope this behind-the-scenes look serves as a reminder to choose representation that understands the system's complexities and advocates fiercely on your behalf.
To outsource the red tape to a combination of expert attorneys and advanced tech, get in touch with our team.
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Find quick answers to frequent visa questions from our legal experts
How is sponsorship different from an employer of record?
Visa sponsorship is your company filing an immigration petition so a worker can be authorized for a specific job, while an employer of record (EOR) is a third party that legally employs a worker on your behalf for payroll and compliance.
The two solve different problems: sponsorship handles immigration authorization, and an EOR handles the employment relationship itself.
Do I need to invest everything before applying?
Most of your investment should be committed before you apply, but you don't necessarily need to have spent every dollar.
Funds in escrow that will be released upon visa approval count toward your substantial investment.
The key is demonstrating that your capital is irrevocably committed to the enterprise.
Can an employer pass H-1B filing fees to the employee?
No. Federal regulations require the employer to pay the I-129 base filing fee, the ACWIA training fee, and the Fraud Prevention and Detection fee. The employer also can't deduct these amounts from the employee's salary.
The employee may pay for premium processing if it's for their own benefit, but the core petition costs are the employer's legal responsibility.
How long does O-1A visa processing take?
Standard O-1A visa processing time ranges from 2 to 6 months, depending on USCIS service center workload. With premium processing, you'll get an initial response within 15 business days.
The total timeline, including petition preparation, is typically 3-12 months from start to filing. For the latest data, see our O-1A processing time guide.
What is the current EB-1 processing time for India in 2026?
The total timeline from I-140 filing to green card issuance is approximately 3 to 5 years for Indian nationals.
That includes petition adjudication (15 business days with premium processing for EB-1A and EB-1B, 45 business days for EB-1C, or 6-12 months with regular processing), the priority date wait of roughly 2 to 3 years, and I-485 processing of 8 to 14 months.
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