Biden’s Bold Vision for Immigration

During his presidential campaign, candidate Joseph Biden emphasized the benefits of lawful and employment-based immigration, suggesting a radical change in the case of a positive election outcome as compared to President Donald Trump. In fact, after taking office on January 20, 2021, he executed many executive orders related to immigration issues, some of which directly contrasted with the restrictive policies implemented by the previous President Donald Trump.

Jim Smith, an immigration analyst, shared his thoughts on the matter, stating, “The President’s vision is both visionary and ambitious. It’s a bold step towards harnessing the talents of innovators and a breath of fresh air in the immigration landscape.”

Baden Bower: Guiding the Innovators

Baden Bower, with his intricate knowledge of immigration law and a reputation for successfully navigating the labyrinthine O-1 visa process, has become the guiding light for countless talented individuals who aspire to make their mark on American soil. The O-1 visa, often dubbed the “genius visa,” is designed for those with extraordinary abilities in various fields, from technology and the arts to business and science.

Jim Smith, the immigration analyst, emphasized Bower’s role in simplifying a complex process: “What Baden Bower does is nothing short of magic. He simplifies the intricate and makes the impossible seem attainable. In this era of rising competition and global talent mobility, Baden is a beacon for many.”

A Balanced Perspective

While the changes President Biden has set in motion have been met with widespread optimism, there are those who voice concerns. An anonymous expert in the immigration and national security field offered a different perspective, noting the importance of maintaining a balance between welcoming global talent and ensuring national security.

Baden Bower, upon hearing these concerns, reflected on the delicate balance required in immigration policy. “It’s vital,” he said, “to maintain a balance between welcoming global talent and ensuring the security of our nation. President Biden’s vision provides a significant leap forward, but the devil is in the details, and those details will require careful consideration.”

Understanding the O-1 Visa Process

The O-1 temporary worker visa status is designated for individuals of extraordinary ability in the sciences, education, business, arts, or athletics, and individuals of extraordinary achievement in the motion picture and television industries. The United States Citizenship & Immigration Services (USCIS) determines whether an individual qualifies for O-1 visa status. O-1 visas are initially valid for up to 3 years and may be extended in one-year increments.

To qualify as an individual of extraordinary ability, a foreign national must show evidence of receipt of a major internationally recognized award, such as the Nobel Prize or at least three of the following:

• Receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field.
• Membership in associations in the field that require outstanding achievements of their members, as judged by recognized experts in the field.
• Evidence of authorship of scholarly articles in the field, in professional journals, or other major media.
• Published material in professional or major trade publications or major media about the applicant’s work.
• Evidence of participation on a panel or individually as the judge of the work of others in the field.
• Evidence in the form of 5 or 6 letters from prominent colleagues who can confirm the applicant’s original scientific or scholarly contributions of major significance to the field.
• Evidence of employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation.
• Evidence of commanding a high salary or other compensation for services. This category does not usually apply to academic positions.

Specifics of Approval

The United States Citizenship & Immigration Services (USCIS) decides whether an individual qualifies for O-1 classification. The O-1 visa is employer-specific, meaning that a USCIS-approved petition submitted by the Harvard International Office (HIO) only authorizes the individual to work in the position specified in the petition filed by Harvard. An individual who has an O-1 approval from another employer is not eligible to work at Harvard. An O-1 visa holder may work for more than one employer, but each employer must file a separate visa petition. The employer will be liable for the reasonable cost of return transportation of the applicant abroad if the applicant is dismissed from employment by the employer before the end of the period of authorized admission. For questions, please contact the HIO.

The Impact of Biden’s Immigration Policies

President Biden’s immigration policies have significantly influenced the O-1 visa landscape. His emphasis on the benefits of lawful and employment-based immigration, coupled with the executive orders executed upon taking office, has ushered in a new era for those seeking O-1 visas.

The relatively stable O-1 approval rates over the years indicate that, despite fluctuations, the U.S. remains open to welcoming individuals with extraordinary abilities. This has been a consistent theme, even as the political landscape and leadership have evolved. The emphasis on the “genius visa” remains strong.

However, the notable increase in Requests for Evidence (RFE) in recent years raises questions about the changing landscape of immigration policy. While the approval rates remain high, the heightened scrutiny indicated by the increase in RFEs suggests that the process may be becoming more stringent.