USCIS’s recent processing speed is truly frustrating. From H-1B to O-1, marriage-based green cards, and employment-based green cards, it feels like they are pushing every applicant and lawyer to the brink. We’ve traditionally advised against premium processing, worrying that, during peak times, officers might handle cases impatiently or with less thoroughness due to high workloads. But with cases stagnating for half a year without progress, isn’t it driving people to a dead end? As a result, more and more applicants are now opting for premium processing. Fortunately, a good number have been approved as a result.
YF is an architectural designer from China. He holds a Master’s degree in Architecture from Harvard University. His Extraordinary Ability EB-1 Immigrant Visa Petition was approved in 7 days using Premium Processing. We had obtained his O-1 just a year earlier.
Mr. F says,
“After completing my STEM OPT, I hired Jane Orgel’s office to handle my O-1 application as an agent case in June 2023 and it was approved in 4 weeks with standard processing. On October 23 2024, Jane’s office submitted my EB-1 Extraordinary Ability I-140 Immigrant Visa Petition using the Premium Processing service. It was approved on November 1, 2024. Within the space of one year, I have gone from being an F-1 student to being on the cusp of becoming a Permanent Resident. Jane and her Associate Attorney, Rongrong Jing, are great strategists and cautious practitioners. I am indebted to them.”
Yixuan Cai is an architectural designer from China whose O-1 was approved in October 2024 using Premium Processing. She holds an MArch from the Southern California Institute of Architecture.
“Jane & Rongrong successfully helped me obtain my O1B visa as an architectural designer! I truly appreciate their professionality, knowledgeability and prompt response to all my detailed questions. I would recommend their service to anyone trying to obtain an O1 visa!”
However, is premium processing suitable for everyone? For first-time O-1 applicants, unless the case is exceptionally strong, we generally recommend waiting as long as possible. If you can wait, give it a little more time. After all, the premium processing fee is nearly $3,000, and if an RFE (Request for Evidence) is issued, you’ll not only face the pressure of gathering additional materials under tight deadlines but also incur extra attorney fees—a significant expense. That said, if an applicant, after weighing all factors, is willing to take on the risk of an RFE, we fully support their decision to opt for premium processing. As for O-1 renewals, premium processing is generally safe; in fact, over the years, none of our O-1 renewal cases have ever received an RFE.
Sometimes, when an RFE is received, it’s wiser to just withdraw the case and re-file. This year, we submitted an O-1 for an Italian curator who was sponsored by a very established New York art gallery. The 8 page RFE was relentless and unreasonable. The client agreed with our suggestion to withdraw the case. After withdrawing the case, we then advised the client to re-file through an agent, submitting several agreements from different galleries and employers. She also managed to get featured in a blog and another art publication. We submitted a new application a few months later and it was approved after four weeks.
Now, a word on the election results. Following Trump’s victory, immigration attorneys’ opinions are mixed. Some are quite pessimistic, urging clients to rush their applications, while others are more relaxed, believing the impact on legal immigration visas will be limited. However, rumors suggest that future visa applications likely won’t get any easier or faster. For now, let’s wait and see without undue worry—there’s only so much we can do.
If there’s one thing to focus on, it’s this: participate in more competitions, secure awards and high placements, hold exhibitions, perform, and gain media exposure. This is more productive than stressing over potential policy changes. Even if visa policies become stricter, visas won’t be entirely unattainable. Our goal of pushing to be in the top 20% of the industry remains on target.
Oh, and for retained clients who need it, you can ask us for a list of competitions, media outlets, and exhibitions we have recently compiled for the design industry, drawing on our experience handling cases for hundreds of designers over the past 15 years.
Vacation season is just two weeks away. We hope to bring you all more good news by year’s end for a strong finish to the year!