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.

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

Is the Final Action Date the same as the priority date?

No. Your priority date is your individual place in line, set the day DOL received your PERM filing (or the day USCIS received your I-140 if PERM wasn't required). The Final Action Date is the monthly cutoff date USCIS publishes in the Visa Bulletin for your category and country.

The two interact: you compare your priority date to the Final Action Date to determine whether a visa number is available for your case.

Which visa is better for a green card, H-1B or O-1?

If you qualify for O-1A, the EB-1A path is usually faster and cleaner, since the evidentiary framework overlaps and EB-1A is current for most countries on the visa bulletin.

If you only qualify for H-1B, you'll go through PERM and EB-2 or EB-3, which works but takes much longer for India-born and China-born applicants because of priority date backlogs.

Can a small company sponsor a work visa?

Yes. A small company can sponsor a work visa as long as it has a genuine job and a real employer-employee relationship, and can show it can pay the required wage. There's no minimum company size for most categories.

The O-1A in particular works well for newer or smaller employers, since it has no salary floor and allows sponsorship through a U.S. agent.

Can I work for multiple employers on an H-1B visa?

Yes, concurrent H-1B employment is allowed. Each employer must file a separate H-1B petition. This means you can hold multiple H-1B jobs simultaneously, as long as each one has a valid approved or pending petition.

See our guide on H-1B multiple employers for details.

How long does EB-2 NIW processing take?

Standard EB-2 NIW processing for the I-140 petition typically runs 6 to 12 months, depending on USCIS service center workload. With premium processing, USCIS gives an initial response within 45 business days.

The bigger variable is your priority date: applicants born in India or China can wait several years for a green card because of the EB-2 backlog, while most other countries wait far less. Our visa bulletin guide explains how to track it.

Other blogs for every step of your visa journey

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