Positive State Action in Immigration
Kyle Huffman • August 3, 2023
In recent months, a great deal of the public conversation and news coverage around immigration has been broadly negative. Florida, in particular, has been dominating the immigration news cycle with the passage and implementation of SB 1718, which, among other things, enhanced the power of state law enforcement officers to enforce federal immigration laws.
While much of the focus has been on negative developments, other states have been taking great strides towards improving the immigration system. It is important to highlight these initiatives.
Of note, two states have recently made efforts to increase access to education for immigrant residents. One of these states is Minnesota, which has introduced HF 2073. The bill is currently in the legislative process, but if passed, it will provide additional funding to Minnesota State colleges and Universities, as well modifying existing grant programs. These changes include greater tuition assistance for low-income families, regardless of immigration status, which will enable tuition assistance for many who previously could not access these benefits due to immigration status. Similarly, the Utah State House passed HB 102, a bill that extends the application of in-state tuition rates at Utah universities for refugees, asylees, and humanitarian parolees. These changes stand to greatly reduce the tuition prices for these groups in higher education, allowing these individuals to enhance their own education as well as gain knowledge and skills for use in the workforce.
In addition to increasing access to higher education, several states are looking to immigration reform to address gaps in the labor market. For example, Maryland has removed a statewide requirement for permanent residency in order to obtain licensure, allowing qualified non-immigrant residents to practice medicine and ultimately, help alleviate the workforce shortage in the medical care field. Similarly, Tennessee passed SB 1451, which facilitates the process of acquiring U.S. medical licenses for professionals who were educated and trained in other countries and under different systems. Arizona, meanwhile, has passed SB 1563, which creates a new committee to study the unnecessary barriers to entry into the workforce facing new Americans, with the goal of facilitating entry into the workforce and ultimately, strong contributions to the national economy.
In the absence of comprehensive, sweeping immigration reform at the federal level, we are seeing an increased trend of states taking action regarding this field of law which has traditionally been dominated by federal policy and enforcement. We will continue to monitor changes on a state-by-state basis at the forefront of immigration reform.
If you have any questions about what this means for you, please schedule a consultation with one of our experienced attorneys.
We look forward to working with you.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
Choosing the right recommenders is one of the most critical steps in building a successful O-1 visa petition. The standard for this visa is a high one, you must not only be an accomplished professional within your field but among the very top cadre of your peers. Reference letters serve as the connective tissue of an O-1 petition, transforming a dry list of accolades into a compelling narrative of extraordinary achievement. While awards and press clippings prove that you did something, reference letters provide the expert testimony necessary to explain why it mattered. In the eyes of USCIS, these letters function as evidence that contextualize your work within the broader industry, offering a level of nuance and credibility beyond the objective facts of your career journey. Without them, an adjudicating officer is left to interpret complex professional milestones in a vacuum; with them, you have a panel of qualified experts certifying that you are not just competent, but extraordinary and indispensable to your field. In short, they are the "voice" of your petition, validating your status as an individual of extraordinary ability. If you are beginning the process of identifying your recommenders, here are four essential qualities you should look for in a contact. 1. High Public Visibility In the eyes of USCIS, the status of the recommender often reflects the status of the applicant. USCIS officers will scrutinize every aspect of your petition, and this includes researching your references. If a recommender is someone who is easily recognizable due to an extensive public profile, especially due to their accomplishments, it makes it easier to verify that their opinion of you as a candidate should be given more weight and taken seriously. Look for individuals who have a "public profile." This could mean: They are frequently quoted in major media outlets. They have a significant social media following or industry-wide recognition. They have won major awards (Oscars, Grammys, Pulitzers, etc.) or hold prestigious titles. Their name is synonymous with success in your specific niche. When an officer sees a letterhead from a globally recognized entity or a signature from a famous figure, it immediately sets the tone that you are a candidate worth evaluating, and the words they have written on your behalf will weigh strongly on the officer’s decision. 2. Significant Accomplishment in the Field Your recommender should be an "expert" in their own right, whatever that means for your particular field. USCIS needs to know that the person praising you is actually qualified to evaluate your talent and knows the difference between someone who is merely accomplished in the field versus someone who has reached the pinnacle of their profession. Ideally, your contact should be more senior or more accomplished than you are. They should have a track record of success that is beyond reproach. However, they don't necessarily have to be in your exact job title. They can be in a related field, provided they are in a position to judge your work. For example, if you are a VFX Artist, a famous Film Director or a Senior Producer would be highly qualified to evaluate your contributions to a production. 3. A Deep Professional or Personal Connection One of the most common mistakes O-1 applicants make is chasing "big names" who don't actually know them. A generic letter from a celebrity who has never met you will likely be dismissed as "boilerplate." The strongest letters come from people who can speak to your work with specificity because they have worked directly with you in a professional context. You should look for contacts who know you through: An extensive personal history: Someone who has mentored you or followed your career trajectory for years, who can thus attest to your professional growth and elite trajectory over time. Direct collaboration: Someone who has worked alongside you in a professional context, and has witnessed your impact as a professional first hand because they were also directly invested in whatever project or goal you were working towards. This can also include peers you competed against, if you are an athlete. Your reference letters should describe specific instances where your skills and accomplishments shined through, or where you and your reference worked together towards meeting some goal. This level of detail comes naturally when your reference truly knows you as a professional because of a deep familiarity with your work or direct experience with you as a professional. 4. A Willingness to Advocate Zealously This is perhaps the most underrated quality in a recommender. You do not want a contact who is only willing to "confirm the facts." A letter that simply affirms facts and offers a standard affirmation of your skills and accomplishments will not convey to the officer that you are truly extraordinary. You should seek recommenders who are willing to be effusive. They should be prepared to use strong language—words like indispensable, unparalleled, world-class, and pioneer. This is a visa for exceptionally accomplished professionals, and for your references to be effective their words must convey to the officer that you are truly extraordinary. If a contact is hesitant to provide a glowing, high-energy recommendation, they may not be the right choice for this specific legal process. Final Thoughts The O-1 visa is a high bar, and your reference letters are the pillars that hold up your petition. By seeking the right qualities in your references, you can ensure that you will receive strong and impactful letters that will in turn help to maximize your chances of receiving an O-1 visa. At Santos Lloyd Law Firm, we pride ourselves on assisting our talented clients in every aspect of the O-1 visa process. If you are an exceptionally talented individual considering applying for an O-1 visa, please contact us today and we will be happy to guide you towards a successful outcome.
The U.S. Citizenship and Immigration Services (USCIS) has concluded the annual H-1B cap lottery for Fiscal Year 2027, with employers and legal representatives now able to check selection outcomes through their registration portals.
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