Information on current issues
U.S. visa and immigration for extraordinary talents
By Terik Hashmi, Esq.
For a musician planning years of American performances or a coach considering a lasting position, immigration planning extends beyond the next engagement. O and P visas can support temporary professional activities. An employment-based green card requires a separate assessment of the person’s achievements, qualifications, and plans for working in the United States.
A useful starting point is to ask whether an American organization is prepared to offer permanent employment. Employer sponsorship may create opportunities worth exploring alongside the more familiar extraordinary-ability and national-interest options. The strongest route is the one supported by the applicant’s actual circumstances and evidence.
Begin with the employment opportunity.
A school, design business, sports organization, or performing-arts company may have a continuing need for a particular professional. Where a genuine permanent, full-time position exists, EB-2 or EB-3 sponsorship may be worth exploring even if the candidate has not achieved widespread recognition.
These categories focus on different qualifications. EB-2 covers qualifying advanced-degree professionals and individuals of exceptional ability. EB-3 includes professionals and skilled workers, among others. The offered position and the beneficiary’s credentials must support the classification requested; an impressive résumé does not cure a mismatch with the job’s requirements. USCIS EB-2 overview
Ordinarily, the employer must first complete PERM labor certification, including the required recruitment to determine whether qualified U.S. workers are available. The beneficiary must satisfy the position’s minimum requirements, and the employer must demonstrate its ability to pay the offered wage. USCIS EB-3 overview
For professional athletes, specialized labor-certification procedures may apply. A sports case therefore needs a specific procedural review before assuming that the standard recruitment process governs. USCIS professional athlete guidance
Consider whether the artist qualifies for Schedule A
Some employer-sponsored artists have an alternative to the ordinary PERM process. Schedule A, Group II addresses certain individuals with exceptional ability in the sciences or arts, with separate provisions for performing artists.
Schedule A changes how the labor-certification requirement is handled. It does not create a separate green-card classification. The employer still seeks an appropriate immigrant category, potentially EB-2 or EB-3, and files the labor certification application and supporting documents directly with USCIS alongside Form I-140.
A permanent job offer remains necessary, as do applicable requirements such as a prevailing wage determination and notice of filing. The beneficiary cannot self-petition through Schedule A.
The evidentiary standard also deserves its own analysis. Schedule A exceptional ability differs from ordinary EB-2 exceptional ability, and performing artists have a different framework than other Group II applicants. A dance company considering this route should examine the performer’s documented reputation and the proposed employment against those specific requirements. USCIS Schedule A guidance
Build an independent case around sustained recognition.
For some applicants, the central asset is a record of acclaim that can support EB-1A extraordinary ability. This category permits self-petitioning and requires neither a permanent job offer nor labor certification. The individual must intend to continue working in the area of expertise, and the proposed entry must prospectively benefit the United States. USCIS EB-1 overview
Initial evidence can include a major, internationally recognized award. Otherwise, the applicant generally must satisfy at least three of ten regulatory criteria. These can involve recognized prizes, qualifying media coverage, judging the work of others, contributions of major significance, or leading or critical roles for distinguished organizations. Other criteria address matters such as artistic exhibitions, compensation, and commercial success in the performing arts.
Clearing that initial threshold does not settle the case. USCIS then considers the record as a whole to determine whether it establishes sustained national or international acclaim and standing among the small percentage at the top of the field. Prior O-1 approval does not automatically establish eligibility. USCIS extraordinary ability guidance
The presentation should make professional achievements understandable to someone unfamiliar with the field. Explain a competition’s selectivity, a ranking’s significance, or the importance of the applicant’s role in a distinguished production. Independent documentation gives recommendation letters a factual foundation.
Connect a national interest waiver to a specific undertaking
An EB-2 national interest waiver allows a qualifying individual to request exemption from the job-offer and labor-certification requirements. It can accommodate self-petitioning, but the waiver does not eliminate the underlying EB-2 eligibility test.
The applicant must first qualify as an advanced-degree professional or a person of exceptional ability. A qualifying bachelor’s degree plus five years of progressive post-baccalaureate experience in the specialty may satisfy advanced-degree equivalency. The advanced-degree route also depends on a qualifying professional occupation and relevant credentials. USCIS recognizes that athletes may qualify under the exceptional-ability branch.
The waiver itself involves the three-part test from Matter of Dhanasar. The proposed endeavor must have substantial merit and national importance; the applicant must be well positioned to advance it; and, on balance, waiving the ordinary requirements must benefit the United States. USCIS national interest waiver policy
An artist’s distinguished career may help demonstrate the ability to carry out a project. It does not, by itself, establish that project’s national importance. The petition must explain the prospective impact of the particular undertaking, rather than rely on general statements about the value of art or sport.
For example, a proposed arts curriculum supported by institutional adoption and documented results presents a different argument from an unsupported plan to provide private lessons. Geographic scale is not conclusive: a project can have broader implications without operating nationwide. Agreements, funding commitments, and evidence of adoption can help substantiate the proposed impact. No example guarantees eligibility.
Keep the green-card case separate from permission to work
Selecting a category is only part of the transition. Filing or approval of Form I-140 does not itself authorize employment or provide lawful immigration status. Applicants must also address immigrant visa availability and their eligibility for adjustment of status or consular processing. USCIS employment-based green-card guidance
Start planning early to gather evidence and coordinate with employers. A useful assessment identifies the strongest available route, the documents still needed, and how the applicant can lawfully continue professional activities while pursuing permanent residence.
This article is for general information and does not replace advice about an individual immigration case. (By Terik Hashmi, Esq.)
New Guide for International Job Seekers: Hired in America!
From resume tips to visa advice, Hired in America! shows newcomers how to land their first U.S. job
Terik Hashmi, an experienced immigration & business attorney with over 30 years of professional experience, announces the release of his latest book, Hired in America! The Newcomer’s Guide to Landing Your First U.S. Job. This essential guide is designed to help international professionals navigate the often complex path of building a career in the United States.
For many aspiring immigrants, finding a U.S. job can feel overwhelming. Movies may make it seem easy—just luck or knowing the right people—but the reality is far more complicated. From choosing a career path to understanding visa and immigration requirements, the process requires careful planning and informed decisions. Hired in America! offers practical advice, insider tips, and step-by-step guidance to help newcomers create a strategic plan for their American career.
“Whether you are just starting your career, seeking a change, or aiming for your dream job, this guide is for you,” says Hashmi. “It doesn’t matter what industry you are interested in or how much experience you have—there’s something here to help everyone.”
He adds that he has included some personal anecdotes to illustrate different approaches to jobhunting and one’s career. “In the mid-1990s, starting my career in Washington, DC, I often grabbed a hot dog from a vendor on Connecticut Avenue. Over time, I got to know the owner, who had borrowed $10,000 from his father after high school to start the business. He was making about $70,000 a year, mostly cash, with no student loans and total control over his work. I quickly realized: he was his own boss, earning money right away, while I was still deep in college and law school debt. Maybe the hot dog trailer was the smarter career move.”
Hashmi emphasizes the importance of preparation, professional guidance, and continuous learning. Readers will learn how to maximize their career counseling, perfect their resumes, ace interviews, and invest in ongoing personal and professional development.
Hired in America! is designed as a practical reference rather than a book to read cover-to-cover. Readers can explore topics as needed, finding the advice most relevant to their current stage of the job search.
About the Author
Terik Hashmi, J.D., LL.M., is an internationally recognized immigration and human rights attorney with more than 25 years of experience in U.S. visa and immigration law. He has represented clients across the spectrum—individuals, families, investors, corporations, and even a former head of state. His career highlights include serving as Personal Immigration Attorney to former Venezuelan President Carlos Andrés Pérez in one of the most famous political asylum cases in U.S. history, and leading exclusive immigration services for Immigration Directors, LLC, an organization of former U.S. immigration officials.
Educated in the United States and Europe, Mr. Hashmi holds both a Juris Doctor (J.D.) and a Master of Laws (LL.M.) degrees with specialization in transnational business practice. He has served as lead counsel in more than 200 federal immigration trials, building a reputation as a trusted advocate in asylum, removal defense, and complex immigration matters. Fluent in French and originally from Quebec, he brings a global perspective to every case.
Book Availability: Hired in America! will be available on Amazon this Fall.
What you find here:
Law Instruction Series
The “Law Instruction Series” articles explain fundamental issues of US immigration in easy-to-understand format, for practitioners as well as anybody interested in the subject. However, such information is not legal advice; legal advice requires a specific set of facts and law that should be reviewed and analyzed by a qualified attorney.
Terik Hashmi, an experienced immigration lawyer, is creating a “Law Instruction Series” based on his decades of hands-on experience, including immigration litigation.
The “Law Instruction Series” explains fundamental issues of US immigration in easy-to-understand format, for practitioners as well as anybody interested in the subject. However, such information is not legal advice; legal advice requires a specific set of facts that should be reviewed and analyzed by a qualified attorney.
“The South Florida business marketplace is so dynamic, so international,” stated Attorney Terik Hashmi, “and therefore there needs to be corresponding international business and immigration services which can handle the complexity and sophistication of the international businessperson… which includes their desire to invest, work and build businesses in the United States.”
The series of legal articles entitled the “Law Instruction Series” will examine the latest developments in US Business Immigration & Investment Visas, such as E-1 Visas for “Treaty Traders” with the United States; E-2 Visas for “Treaty Investors;” L-1 Visas for Multinational Managers or Intra-Company Transferees; and the Immigrant Investor Program (a/k/a Million Dollar Visas or EB-5, allowing international investors to obtain Lawful Permanent Residence in the United States through Investment). The required investment amount depends on the location of the investment enterprise (Targeted Employment Areas (TEAs), or outside TEAs).
Mr. Hashmi added that “there are many areas and Counties within South Florida which specifically do qualify for this reduced investment under Department of Homeland Security guidelines. Therefore where one chooses to locate the investment project is of paramount importance and should not be made without analyzing many such factors through specific advice and guidance of experienced Counsel.” Mr. Hashmi will discuss this aspect of “Targeted Employment Areas” within the EB-5 context in an upcoming Issue of his Law Instructional Series Articles. As the next step, Mr. Hashmi is planning a video version of the “Law Instruction Series” that will be available on demand from an internet platform.
Finally, Mr. Hashmi cautions readers that such general guidance is not actionable legal advice in specific cases. For that, one must consult with an attorney qualified in such matters.
US Visa and Immigration News
News articles on US Visa and Immigration matters.
About Terik Hashmi
Mr. Terik Hashmi possesses over 25 years of experience in all aspects of US Immigration & International Law. He has dedicated his life’s path to become a true champion of both Human and Immigrants’ Rights, and has represented the entire spectrum of clients, from Individual to Business, to Investor, to Former Head of State. Mr. Hashmi has always been at the forefront of the field in terms of Education, Training and Experience.
Attorney Terik Hashmi appointed Editor of the international law report “International Law Update”
Under the new leadership of Terik Hashmi, the publication will continue its online presence on LEXIS, WEST, and other information providers.
Practicing Attorney Terik Hashmi, based in Miami, Florida, is the new editor of “International Law Update,” which appears in several online information services such as LEXIS, WEST, and others. Since 1995, International Law Update has provided monthly briefings on the most significant domestic and foreign legal developments in the fields of public and private international law, and has been of particular value to US lawyers, judges and teachers. International Law Update has reported on recent international opinions of U.S. and leading foreign and internationals courts, on leading cases from the European Court of Justice and the European Court of Human Rights, and the World Trade Organization rulings. Frequent International Law Update subjects include applications of the Hague Evidence and Service Conventions, the contents of major intergovernmental commercial and trade agreements, cases dealing with sovereign immunity and enforcement of judgments, international jurisdiction, choice of law and the enforcement of judgments, and significant changes in public and private international law that may affect American interests at home and abroad. Thus far, the Update has reported on over 3,000 international issues.
Like many print publications, International Law Update was forced to change its approach as a result of the proliferation of the internet, and is now available through online providers. With a reorganization and Mr. Hashmi as editor, the publication will continue to provide its services to the legal and academic community.
Mr. Terik Hashmi is best known as the Attorney who represented Former President of Venezuela Carlos Andres Perez in his Application for Political Asylum in the US after the Coup D’état and overthrow of the Presidency by strongman Hugo Chavez.
“It’s a true honor and privilege to follow in the footsteps of the original publishers,” comments Mr. Hashmi. “It is a useful and easy-to-read digest of most recent international developments and has been cited in international court decisions.”
Mr. Hashmi is certainly the right person for the job based on his nearly three decades of law practice experience representing clients in international, diplomatic and political circles. He holds two University Degrees as well as two Law Degrees, a J.D. (Juris Doctorate) from Ohio and an LL.M. (Master of Laws) degree from the State of California where he specialized in Transnational Business Practice.
What you find here:
US Visa and Immigration News
News articles on US Visa and Immigration matters.
About Terik Hashmi
Mr. Terik Hashmi possesses over 25 years of experience in all aspects of US Immigration & International Law. He has dedicated his life’s path to become a true champion of both Human and Immigrants’ Rights, and has represented the entire spectrum of clients, from Individual to Business, to Investor, to Former Head of State. Mr. Hashmi has always been at the forefront of the field in terms of Education, Training and Experience.
Attorney Terik Hashmi appointed Editor of the international law report “International Law Update”
Under the new leadership of Terik Hashmi, the publication will continue its online presence on LEXIS, WEST, and other information providers.
Practicing Attorney Terik Hashmi, based in Miami, Florida, is the new editor of “International Law Update,” which appears in several online information services such as LEXIS, WEST, and others. Since 1995, International Law Update has provided monthly briefings on the most significant domestic and foreign legal developments in the fields of public and private international law, and has been of particular value to US lawyers, judges and teachers. International Law Update has reported on recent international opinions of U.S. and leading foreign and internationals courts, on leading cases from the European Court of Justice and the European Court of Human Rights, and the World Trade Organization rulings. Frequent International Law Update subjects include applications of the Hague Evidence and Service Conventions, the contents of major intergovernmental commercial and trade agreements, cases dealing with sovereign immunity and enforcement of judgments, international jurisdiction, choice of law and the enforcement of judgments, and significant changes in public and private international law that may affect American interests at home and abroad. Thus far, the Update has reported on over 3,000 international issues.
Like many print publications, International Law Update was forced to change its approach as a result of the proliferation of the internet, and is now available through online providers. With a reorganization and Mr. Hashmi as editor, the publication will continue to provide its services to the legal and academic community.
Mr. Terik Hashmi is best known as the Attorney who represented Former President of Venezuela Carlos Andres Perez in his Application for Political Asylum in the US after the Coup D’état and overthrow of the Presidency by strongman Hugo Chavez.
“It’s a true honor and privilege to follow in the footsteps of the original publishers,” comments Mr. Hashmi. “It is a useful and easy-to-read digest of most recent international developments and has been cited in international court decisions.”
Mr. Hashmi is certainly the right person for the job based on his nearly three decades of law practice experience representing clients in international, diplomatic and political circles. He holds two University Degrees as well as two Law Degrees, a J.D. (Juris Doctorate) from Ohio and an LL.M. (Master of Laws) degree from the State of California where he specialized in Transnational Business Practice.