Oh Where, Oh Where Are the O-1 Visas Going?

o letterGetting approval of any type of visa for temporary work in the U.S. involves providing stacks of paperwork to U.S. Citizenship and Immigration Services (USCIS), with the goal of proving that the applicant meets a strict set of legal criteria. That’s part of why people hire immigration attorneys — not only to interpret the law, but to help assemble, file, and keep track of all the documents in a client’s case.

So when even the attorneys are complaining that USCIS is raising the bar on the type and amount of documents required, and ultimately reducing the numbers of approvals, you know there’s a problem. That’s precisely what’s happening in the case of O-1 visas for outstanding workers in the sciences, arts, athletics, education, or business.

According to to an October 17, 2014 report by Matthew Blake of the San Francisco Daily Journal, immigration lawyers are concerned that, “over the past year, [USCIS] has made it more difficult for their clients to get work visas, speculating that the agency is accepting more petitions for scientists at the expense of entertainers, or more cautiously following visa rules with national immigration policy in flux.” Applicants are being asked to provide “detailed, multi=year work itineraries,” and “more evidence that they are extraordinary.”

Some lawyers met with USCIS over this issue, but were disappointed at the answers (or lack thereof.) The lawyers have since requested a “summit” with federal immigration officials.

Perhaps these lawyers’ actions will bring about a resolution such that prospective O-1s can get on with their lives and visa applications. But if you are a potential O-1 seeker — especially an athlete — you’d do well to consult an attorney with lots of recent experience in this subspecialty of immigration law.