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

What happens if my O-1 employer goes out of business?

You generally lose status once the employment ends, but you may use the 60-day grace period to find a new sponsor and file a new petition. However, since USCIS has started using its discretion to reduce or even eliminate the grace period in some cases it’s more important than ever to act quickly and consult with legal counsel.

What is PERM?

A PERM (Program Electronic Review Management) is a labor certification issued by the U.S. Department of Labor. It does NOT give immigration status. Instead, it confirms that no qualified and willing U.S. worker is available for the job and that the employer will pay at least the prevailing wage. It is the first step toward most EB-2 and EB-3 green cards.

Is premium processing worth it?

Often, yes. While some officers issue Requests for Evidence (RFEs) under premium processing to extend their decision window, most applicants cannot afford the delays of regular processing (which can take many months).

Premium processing provides faster decisions and avoids the risk of adjudication trends shifting over time.

In our experience, the vast majority of petitioners choose premium processing and are still approved.

What is an RFE?

RFEs or Requests for Evidence is not a rejection or necessarily a bad sign.

The tone of the RFE can give you an idea of their level of doubt about your petition. The officer reviewing your case might be buying time during busy periods, for example, if they have to give you a response in 15 business days because you filed for premium processing and the workload is too high to process your case in time.

If the RFE includes questions about the factual sufficiency or legality of your case, it likely means they need more evidence or more explanations, or both, before approving the case. Neither of these cases signal an outright or even a likely rejection.

What kind of evidence strengthens an EB-2 NIW petition?

A strong EB-2 NIW petition must demonstrate that you have the expertise and experience to advance your endeavor and that your work has substantial merit and national importance.

Evidence may include receiving awards, publishing research, holding patents, and having relevant work experience in your field.

Support from employers, investors, or institutions can further strengthen your case. Additional factors include serving as a judge of others' work, holding memberships in prestigious organizations, and being featured in media coverage.

The more solid and well-documented your evidence, the stronger your petition.

Other blogs for every step of your visa journey

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