
Attorney James
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Attorney James replied to the discussion How detailed must a P-1 consultation letter be for a lesser-known sport? in the forum Sports & Entertainment 3 weeks ago
How detailed must a P-1 consultation letter be for a lesser-known sport?
When your sport has limited recognition in the U.S., the consultation letter becomes even more important as it helps educate USCIS officers about your athletic field. The letter needs to be comprehensive and highly specific to effectively establish the context for your achievements.
The letter should begin by clearly identifying the organization…
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Attorney James replied to the discussion How can we respond to a P-1 RFE for not showing “distinguished” matches? in the forum Sports & Entertainment 3 weeks ago
How can we respond to a P-1 RFE for not showing “distinguished” matches?
This type of RFE is becoming increasingly common for soccer teams, but we can definitely address USCIS’s concerns with the right documentation. The key is providing concrete evidence that your matches qualify as “distinguished” international competition.
First, let’s create a comprehensive itinerary with verified dates, venues, and opponents.…
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Attorney James replied to the discussion Can my AI YouTube channel with 500K+ subscribers support an O-1 visa? in the forum Tech & Science 3 weeks ago
Can my AI YouTube channel with 500K+ subscribers support an O-1 visa?
Your YouTube channel with 500,000 subscribers represents significant evidence for your O-1 petition, and USCIS has increasingly recognized digital achievements as valid indicators of extraordinary ability. We’ll need to thoroughly document your channel’s impact and influence. Beyond subscriber counts, we should compile comprehensive…
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Attorney James replied to the discussion How can I document the significance of my unpublished research for an O-1 visa? in the forum Tech & Science 3 weeks ago
How can I document the significance of my unpublished research for an O-1 visa?
Unpublished research can absolutely strengthen your O-1 petition if we document its significance properly. Since USCIS can’t evaluate unpublished work through traditional metrics like citations, we’ll need strong supporting evidence from recognized experts. I recommend obtaining 3-4 detailed letters from leading authorities in your field who…
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Attorney James replied to the discussion Can open-source and DAO leadership count toward O-1's "critical capacity"? in the forum Tech & Science 3 weeks ago
Can open-source and DAO leadership count toward O-1's "critical capacity"?
Your leadership in significant open-source projects and that DAO can absolutely satisfy the “critical or essential capacity” criterion—we just need to frame it properly. While USCIS traditionally looks for roles in conventional organizations, they’ve increasingly recognized the importance of non-traditional but influential technology…
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Attorney James replied to the discussion Can my AI patent count for the O-1 visa if it’s not commercialized? in the forum Tech & Science 3 weeks ago
Can my AI patent count for the O-1 visa if it’s not commercialized?
Yes, your patent absolutely can qualify as an original contribution for your O-1 visa, even without widespread commercialization. Patents are valuable evidence because they demonstrate innovation that’s been officially recognized by the U.S. Patent Office. For your application, we’ll need to gather strong supporting letters from recognized…
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Attorney James replied to the discussion Can international student-athletes compete professionally on an F-1 visa? in the forum Students & NIL 3 weeks ago
Can international student-athletes compete professionally on an F-1 visa?
Generally, competing professionally violates F-1 regulations due to restrictions on employment. A P-1 visa is specifically designed for professional athletes to compete legally in internationally recognized events. Switching to a P-1 provides legitimate work authorization, allowing your athlete child to compete without risking immigration…
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Attorney James replied to the discussion Should my student-athlete daughter switch to an O-1 for NIL deals? in the forum Students & NIL 3 weeks ago
Should my student-athlete daughter switch to an O-1 for NIL deals?
Yes, transitioning to an O-1 visa could be advantageous if your daughter wishes to actively engage in NIL sponsorships, as O-1 provides broader work authorization and flexibility. However, you must demonstrate extraordinary ability, which typically involves extensive documentation of athletic achievements, media coverage, and industry…
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Attorney James replied to the discussion What key evidentiary standards now determine O-1 and P visa approvals? in the forum Practitioners 3 weeks ago
What key evidentiary standards now determine O-1 and P visa approvals?
Current adjudication patterns reveal several heightened evidentiary thresholds practitioners should incorporate into client advisories. First, a marked elevation in qualitative standards for establishing “sustained national or international acclaim” under 8 C.F.R. §214.2(o)(3)(iii), with increased rejection of evidence lacking…
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Attorney James replied to the discussion How have AAO decisions shaped O-1 employer-employee rules for entrepreneurs? in the forum Practitioners 3 weeks ago
How have AAO decisions shaped O-1 employer-employee rules for entrepreneurs?
Recent policy guidance and AAO decisions reflect a nuanced evolution in how entrepreneurial O-1 petitions can satisfy the employer-employee relationship requirements articulated in Matter of United Investment Group. The most successful petitions now explicitly document external control mechanisms through several key structures: first,…
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