1. Up until the time that you become a United States Citizen, you are at risk of being deported. All visas, including Green Cards, are revocable at the discretion of the Government and often without any requirement of proof. However, if you do not break the law, stay out of trouble, and are a productive member of society, your risk of deportation is minimized.

2. Until you are granted asylum, you are at risk of detention. While the law says that you cannot be deported if you seek asylum, there is nothing in the law that says that the Government cannot detain you until that time. You should always keep a copy of your I-589 file on your phone as well as any other documents that show you have applied for asylum.

3. Immigration raids are not unique under President Trump. In fact, they were prevalent under President Obama as well. The best way to protect yourself is to always keep a copy of your immigration documents on hand to show the officers that you are in fact complying with the current laws.

4. You should not skip and/or avoid any appointments/check-ins with ICE /USCIS that you are required to do just because you are afraid of being arrested. Because the government can choose to detain you at almost any time, the risk is the same if you go to ICE/USCIS or not. However, if you skip any required appointments/check-ins, you are then considered to be out of compliance with the law, and you will most likely be detained.

We know these are uncertain times and you have every right to be afraid. However, the best way to protect yourself is to follow the law, comply with the ICE/USCIS’s rules, stay in touch with your attorneys, and always be prepared by having a copy of your information on you.

We will get through these dark times together. We successfully navigated hundreds of cases during the first Trump administration, and will continue to do so long after he leaves office.

Stay positive. Stay safe. We are here to help you. 
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1.     You Can Apply for an O-1 Visa Through Your Own Company

As is known, beneficiaries cannot directly submit petitions on their own behalf under the O-1 visa category. However, the recent update clarifies that a separate legal entity owned by the beneficiary—such as a corporation or a limited liability company (LLC)—can file the petition on their behalf.

Importance: Previously, a significant obstacle for talented individuals like entrepreneurs or freelancers seeking an O-1 visa was the absence of a traditional employer to sponsor their application. Allowing individuals to use their own company as a sponsoring entity removes this barrier, giving beneficiaries greater control over their immigration process. Additionally, it ensures business continuity as beneficiaries pursue opportunities in the United States. This update is particularly relevant for professionals in fields such as technology, arts, and sciences, where independent work and entrepreneurship are common.

2.     Your Early Career Awards and Achievements Will Not Be Ignored

The updated policy clearly states that awards or achievements do not need to be earned at an advanced stage of a beneficiary’s career to be considered significant.
Importance: The absence of explicit guidance previously may have led applicants and adjudicators to believe that achievements made later in a career were inherently more credible. This clarification ensures that early-career achievements of young entrepreneurs, startup founders, or talented professionals in emerging fields are properly recognized in the evaluation process. It aligns with the contemporary reality that significant contributions can occur early, especially in rapidly evolving industries like technology and the arts. This is particularly encouraging for young entrepreneurs and talented professionals at the outset of their careers.

3.     Achievements from Teamwork Can Also Be Evidence

The new guidance specifies that participation as a member of a high-performing team within a distinguished organization can qualify as evidence for meeting the O-1 visa criterion of employment in a critical or essential capacity.

Importance: Many industries—including technology, research, and entertainment—heavily rely on collaborative efforts. This guidance acknowledges and values the substantial contributions individuals make within high-performing teams, even when they are not the sole or primary face of a project or achievement.

4.     Employer's Explanations for High Salary Will Be Considered

The updated policy clarifies that detailed justifications provided by employers explaining why a beneficiary is paid above standard compensation rates in their field can be utilized to meet the high salary criterion.

Importance: Previously, applicants typically depended on industry-wide compensation data to demonstrate a high salary. The new guidance allows employer-provided explanations to strengthen an applicant's case by detailing why the beneficiary's salary is exceptional, thus offering additional leverage in meeting this specific criterion.

5.     Opportunity to Benefit from Longer Extension Periods

Updated guidance confirms that visa extensions of up to three years are available for beneficiaries who continue working for the same employer, provided their role evolves or expands to include new responsibilities.

Importance: A three-year extension provides beneficiaries more stability and reduces the stress and uncertainty associated with frequent renewals. This is especially beneficial for professionals involved in ongoing projects or roles requiring long-term commitment.

Why Does This Matter for You?

These updates make the O-1 visa application process clearer and more accessible. Whether you are an entrepreneur, a freelancer, or a talented professional in technology, arts, or sciences, these changes can significantly benefit you if you previously encountered barriers or uncertainties related to the areas mentioned above. If you would like to explore how these updates apply to your specific situation, we are here to assist you in developing a tailored, strategic approach.
 
2.     You Can Apply for an O-1 Visa Through Your Own Company

As is known, beneficiaries cannot directly submit petitions on their own behalf under the O-1 visa category. However, the recent update clarifies that a separate legal entity owned by the beneficiary—such as a corporation or a limited liability company (LLC)—can file the petition on their behalf.

Importance: Previously, a significant obstacle for talented individuals like entrepreneurs or freelancers seeking an O-1 visa was the absence of a traditional employer to sponsor their application. Allowing individuals to use their own company as a sponsoring entity removes this barrier, giving beneficiaries greater control over their immigration process. Additionally, it ensures business continuity as beneficiaries pursue opportunities in the United States. This update is particularly relevant for professionals in fields such as technology, arts, and sciences, where independent work and entrepreneurship are common.

3.     Your Early Career Awards and Achievements Will Not Be Ignored

The updated policy clearly states that awards or achievements do not need to be earned at an advanced stage of a beneficiary’s career to be considered significant.

Importance: The absence of explicit guidance previously may have led applicants and adjudicators to believe that achievements made later in a career were inherently more credible. This clarification ensures that early-career achievements of young entrepreneurs, startup founders, or talented professionals in emerging fields are properly recognized in the evaluation process. It aligns with the contemporary reality that significant contributions can occur early, especially in rapidly evolving industries like technology and the arts. This is particularly encouraging for young entrepreneurs and talented professionals at the outset of their careers.

4.     Achievements from Teamwork Can Also Be Evidence

The new guidance specifies that participation as a member of a high-performing team within a distinguished organization can qualify as evidence for meeting the O-1 visa criterion of employment in a critical or essential capacity.

Importance: Many industries—including technology, research, and entertainment—heavily rely on collaborative efforts. This guidance acknowledges and values the substantial contributions individuals make within high-performing teams, even when they are not the sole or primary face of a project or achievement.

5.     Employer's Explanations for High Salary Will Be Considered

The updated policy clarifies that detailed justifications provided by employers explaining why a beneficiary is paid above standard compensation rates in their field can be utilized to meet the high salary criterion.

Importance: Previously, applicants typically depended on industry-wide compensation data to demonstrate a high salary. The new guidance allows employer-provided explanations to strengthen an applicant's case by detailing why the beneficiary's salary is exceptional, thus offering additional leverage in meeting this specific criterion.

6.     Opportunity to Benefit from Longer Extension Periods

Updated guidance confirms that visa extensions of up to three years are available for beneficiaries who continue working for the same employer, provided their role evolves or expands to include new responsibilities.

Importance: A three-year extension provides beneficiaries more stability and reduces the stress and uncertainty associated with frequent renewals. This is especially beneficial for professionals involved in ongoing projects or roles requiring long-term commitment.

Why Does This Matter for You?
​
These updates make the O-1 visa application process clearer and more accessible. Whether you are an entrepreneur, a freelancer, or a talented professional in technology, arts, or sciences, these changes can significantly benefit you if you previously encountered barriers or uncertainties related to the areas mentioned above. If you would like to explore how these updates apply to your specific situation, we are here to assist you in developing a tailored, strategic approach.

Discuss with your family the possibility of being separated due to unforeseen circumstances. Choose a trusted adult friend or family member who can legally care for your children if you are detained. Planning ahead ensures your children are in safe hands.

Ailənizlə gözlənilməz hallarda ayrılma ehtimalı haqqlnda danışın. Həbs olunma ehtimalınıza qarşı, uşaqlarınıza qanuni olaraq qayğı göstərə biləcək etibarlı bir ailə üzvü va ya dost seçin. Əvvəlcədən planlaşdırma, övladlarınızın etibarlı əllərdə olmasını təmin edir.

Поговорите со своей семьей о возможности того, что вас могут задержать. Выберите взрослого друга или члена семьи, который будет легально заботиться о ваших детях, если вы будете задержаны.

Ailenizle beklenmedik durumlarda ayrılma ihtimali hakkında konuşun. Gözaltına alınma gibi bi durumda çocuklarınıza yasal olarak bakabilecek güvendiğiniz bir aile üyesi veya arkadaş seçin. Önceden plan yapmak, çocuklarınızın güvende olmasını sağlar.

For more information visit:
​www.mass.gov/emergency-planning-guide-for-families