The road to $1M in Buffalo
5 mins read | Oct 20, 2025
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.
WE CAN HELP
Need more clarity?
Find quick answers to frequent visa questions from our legal experts
How much documentation do I need to file a visa petition for an EB-1A or O-1A visa?
In US immigration processes, your claims must be more likely than not to be true. This means if something appears more true than false, USCIS should accept it as true. To meet this standard, the visa petitioner should provide documents that convincingly support the claim’s validity.
For instance, to prove you received VC funding, you could provide signed SAFE agreements with a VC, a published article about your funding round, and documentation about the relevance of the VC.
Keep in mind that theory and practice do not always perfectly align. It’s crucial you speak to an experienced legal team to avoid spending time and money on documentation that does not support your case.
Can the employer change the job description or salary after recruitment begins?
No. Once recruitment starts, the job requirements and prevailing wage cannot be changed without restarting the entire process from the beginning.
Is it the same to do a change of status within the U.S. vs getting a visa abroad?
Not exactly. You can enter the U.S. in one status (e.g., tourist visa) and then request a change of status to another (e.g., O-1A). However:
1. This only changes your status inside the U.S.
2. If you leave the country, you’ll need to visit a U.S. consulate abroad to obtain a visa stamp before reentering.
3. At that consular interview, officers may question your initial intent at the time of entry.
While changing status avoids an immediate trip abroad, we generally recommend consular processing from the start to avoid complications later. However, there are certain situations in which a change of status could be the best solution.
Do I need a U.S. job offer to apply for an O-1 visa?
Yes. You must have either a U.S. employer or a U.S. agent who files the petition on your behalf.
You cannot self-petition for the O-1. Technically, you can work for a foreign company, but the petition still needs to be filed through a U.S. agent acting as your sponsor.
How long does it take to get an O-1 visa approved?
With premium processing, most O-1 petitions are decided within 15 business days.
Without premium processing, a decision can take several months, depending on USCIS workload.
The preparation stage—collecting evidence, drafting recommendation letters, and organizing the petition—typically takes anywhere from 6 weeks to 6 months, depending on the applicant’s profile, the attorney’s approach, and how quickly supporting documents are provided.
Other blogs for every step of your visa journey