AN INSIDER’S PERSPECTIVE ON WHAT MAKES BEING AN IMMIGRATION LAWYER CHALLENGING AND UNPREDICTABLE.

A real look inside the role of an immigration lawyer

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.

A game of chance: The role of human bias

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?

The relentless pace of immigration law

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.

Navigating the maze of US green card and visa agencies

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!

Behind the scenes of visa applicant advocacy

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.

WE CAN HELP

Need more clarity?

Find quick answers to frequent visa questions from our legal experts

Can I apply for both the O-1 and EB-1A at the same time?

Yes. It’s possible to pursue both strategies simultaneously. However, it’s far more common to apply for the O-1 and then pursue the EB-1A. Many applicants use the O-1 as a “bridge” to work legally in the U.S. while building their profile for the EB-1A. The O-1 is temporary, while the EB-1A leads to permanent residency.

Can my employer make me pay for my H-1B?

The mandatory employer fees stay with the employer by federal regulation. The I-129 base fee, ACWIA training fee, fraud prevention and detection fee, Asylum Program Fee, and Public Law 114-113 fee all come out of company funds.

The premium processing fee is the one exception: the employee can pay it when the upgrade is for the worker's benefit rather than for the employer's business needs.

What happens if I'm not selected in the H-1B lottery?

If you're not selected, you have several alternatives depending on your background and qualifications. These include the O-1A visa for individuals with extraordinary ability, the L-1A visa for intracompany transfers, cap-exempt H-1B positions, and other work visa categories.

For a full breakdown, see our guide on H-1B lottery alternatives.

How does the H-1B visa lottery system work, and who is exempt?

Since the number of H-1B applicants exceeds the available visas, the U.S. government conducts a random lottery each year.

There are 85,000 total H-1B visas, with 65,000 under the regular cap and an additional 20,000 reserved for individuals with a U.S. master’s degree or higher.

Employers must first submit an electronic registration in March during the lottery period. If selected and approved, the beneficiary can begin working on October 1, the start of the fiscal year.

However, some H-1B petitions are cap-exempt and can be filed at any time, bypassing the lottery. This applies to petitions filed by or on behalf of institutions of higher education, nonprofit research organizations, and government research institutions.

Additionally, H-1B extensions, transfers, and amendments for individuals already in H-1B status are not subject to the cap and can also be filed at any time.

Can my spouse work while I'm waiting for the green card?

Yes, in two ways. As an H-4 dependent spouse of an H-1B principal with an approved I-140, your spouse can apply for an H-4 EAD. Once you file I-485, your spouse can file a derivative I-485 and Form I-765 to get an EAD independent of the H-4 status.

Both routes give your spouse work authorization, but the H-4 EAD is tied to H-4 status while the I-485 EAD is independent. See our H-1B spouse work permit guide and spouse work authorization options guide for the full breakdown.

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