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Having an extraordinary ability is the key to obtaining an O-1 “genius visa.” It’s a system designed to allow the world’s best and brightest to work in the United States. But earlier this year, a wave of news stories suggested many of these slots were going to OnlyFans models and social media influencers, not scientists and athletes. We asked Leslie Howard, the senior attorney at D’Alessio Law, a boutique immigration firm that focuses on the needs of clients in the entertainment industry, whether the headlines actually match her caseload.
—Interview by Emily Kelchen, edited by Bianca Prieto
(Image courtesy Leslie Howard)
Earlier this year, extraordinary ability or O-1 visas became a hot topic with news reports suggesting the majority of them are going to influencers and content creators, with OnlyFans models being specifically called out. As someone who’s plugged into the entertainment scene, does that track with what you're seeing?
No, it does not track. We do O-1's for a wide variety of creative and business professionals. From actors and directors to jiu-jitsu experts and chefs, and everything in between. If a person is extraordinary at what they do, we can get them an O-1.
So having a lot of “followers” isn’t a short-cut to a visa?
The O-1 framework is based on specific criteria set forth in the regulations. It’s the same set of criteria for everyone, no matter what industry they work in. The evidence for a creator may include followers, but that doesn’t carry more weight than a scientist’s research or an athlete’s ability. A good lawyer knows how to tailor the criteria to a specific client’s evidence.
Can you share an example of how you match the criteria to a specific client’s evidence or experience?
That’s true for immigration law in general, not just O-1 visas. We produce customized cases, not cookie-cutter.
When I first started practicing, I had a client who was in deportation proceedings, and the only thing that would save him was a pardon from the Governor for the crime that landed him in immigration court.
I prepared a comprehensive argument as to why he deserved a pardon and presented it directly to the Clemency Board for the State of Ohio. The pardon was ultimately approved by then Governor Bob Taft, and he congratulated me personally on a job well done.
To my knowledge, the client is still thriving with his family in the U.S.
What do you wish other attorneys understood better about immigration law?
Sometimes the simplest solution is the best solution. I don’t like when I see other attorneys proposing unnecessarily expensive and/or complicated solutions, or the “kitchen sink” approach, as I call it. I wish more attorneys would consistently propose effective AND efficient solutions.
How has your practice changed during your years in practice, given how much immigration policy and public sentiment have shifted during that time?
The immigration landscape is constantly changing, and I have had to adapt. I remember the days when getting an H-1B visa was easy–there was no lottery and enough H-1Bs for everyone who qualified. Now with the limitations on the H-1B program, I’ve had to come up with alternatives for my clients. I find that these days, extraordinary ability and investment options are two of the most straightforward ways to get a visa.
Bonus Round: As someone with close ties to the entertainment industry, I have to ask, what’s the best show the rest of us aren’t watching?
I just finished watching Widow’s Bay on Apple TV. It’s a dark comedy/horror series that will scare you and crack you up at the same time. 10/10. Drops of God, which is also on Apple TV is a sleeper but also excellent. It’s a multilingual family drama centered around wine. What’s not to love?
Raise The Bar’s Take
The O-1 system isn't broken just because the internet made it easier for some people to prove they're extraordinary. A good attorney can tailor the same criteria to wildly different clients instead of searching for a one-size-fits-all solution. And this goes for cases outside the immigration world as well: the simplest, most efficient solution beats the "kitchen sink" approach every time.
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Raise the Bar is written and curated by Emily Kelchen, edited by Bianca Prieto.
