Stelmakh & Associates Business Immigration

02/25/2026

Barcelona, see you at ! Meet Stelmakh & Associates team at Hall 8.0, Stand D36.6 (Fira Gran Via), March 2–5.

We’re also hosting a 🤩Happy Hour🍷 on Wednesday, March 4, for founders and tech professionals interested in U.S. expansion. Reach out for the invitation.

02/17/2026

EB-1A in 2025: More filings. More scrutiny. More Final Merits denials.
We analyzed official USCIS data (Q1–Q3 2025 vs Q1–Q3 2024), and the numbers show:
• EB-1A filings increased by 53.6%
• Pending cases nearly doubled
• Denials increased
• RFEs remain common
But the biggest shift is not volume.

It’s this:
You can meet 3, 4, even 5 EB-1A criteria — and still be denied under Final Merits.

We are seeing more cases where:
• O-1A is approved
• The same credentials are used
• EB-1A is denied
This is not about checking boxes anymore. It’s about proving sustained acclaim at the very top of the field — clearly, credibly, and without overloading the record.

We break down the data and the adjudication trends here:
🔗 https://stelmakhlaw.com/blog/eb1a-uscis-adjudication-trends-2025/
If you're considering EB-1A or responding to an RFE, strategy matters more than ever.

Denials and RFEs surged in 2025, but filings rose too. Learn how USCIS adjudication trends, final merits scrutiny, and strategy have changed.

01/30/2026

The uncomfortable truth about EB1A, EB2 NIW, and O1A statistics: many people fixate on the approval rate. It feels objective.

But the USCIS does not adjudicate averages. The USCIS adjudicates YOUR FILE.

So here is the metric that matters even more than raw approvals: Resilience.

What happens when your case hits an RFE, a NOID, or even a denial?

In 2025, we filed 156 petitions across EB1A, O1A, and EB2 NIW.
86 were approved with no RFE, no NOID, and no refiling.
17 were approved after deeper advocacy through an RFE, a NOID, or a refiling.
51 are currently in process at that stage.

Over 30 percent of our approvals came after extra scrutiny, where strategy made the difference.

Before you hire an attorney, ask this:
1) How do you prepare RFE and NOID responses?
2) Is that work included in the fee, or billed separately?
3) If a case is denied, do you reassess and refile at a reduced cost?

One more honesty check: some firms inflate statistics by including routine filings where approval is close to automatic, or by counting pending cases as wins. We do neither. We count success only when a case is approved.

01/20/2026

⏸️ What EB1a and EB2 NIW Immigrant Visa Applicants Should Know:
Based on recent US Dep of State announcements, consular processing is paused for citizens of 75 countries. This occurs AFTER the consular interview.

🌏 What’s important for applicants abroad:
Processing is continuing. The National Visa Center (NVC) and U.S. embassies/consulates are still reviewing cases and conducting immigrant visa interviews as scheduled. For affected applicants, visa issuance may be temporarily paused following the consular interview while additional review takes place.

❗ If you are abroad and eligible to proceed with your EB-1A or EB-2 NIW case, do not delay document submission or interview preparation.
▶️ When your immigrant petition is approved, proceeding with the NVC case and being interview-ready will ensure you are best positioned when visa issuance resumes.

▶️ This policy update does NOT affect applicants in the U.S. who are filing Form I-485 (Adjustment of Status).

11/29/2025

BONUS! Question number 4, probably the most critical question, because law firms' approach to this really varies: What's included in your total attorney fee? Do you charge a flat fee? Do you charge per hour? What's the scope of representation?

At Stelmakh & Associates, we think it's fair to charge flat fees; we never charge by the hour.
Our flat fee includes the initial thorough preparation of your petition and filing with the USCIS. It includes responding to any RFE (Request for additional evidence) and NOID (Notices of Intent to Deny).

Highly unlikely with us, but if your petition is initially denied by the USCIS officer, we'll make sure to improve it and ask for more facts from you and more evidence of achievements that have happened since you first applied. And we'll refile it with a very nominal attorney fee.

If you're curious to learn more about our proven petition preparation process, please DM us to schedule a free evaluation session.

11/24/2025

Secure your EB-1A I-140 approval ASAP! Major EB-1A regulation changes are expected in early 2026.

The Department of Homeland Security (DHS) and USCIS are preparing a major regulatory overhaul of employment-based immigrant worker categories — including the EB-1A, EB-1B, and EB‑2 NIW (National Interest Waiver) paths. The proposal has not yet been released; it is expected to be published very soon, potentially in January.

The proposal may:
🫨 Increase the number of required EB-1A criteria from 3 to 5
🫨 Add new evidentiary burdens
🫨 Make the standard for “extraordinary ability” stricter

If these changes take effect, EB-1A will become harder to qualify for. This is why December 2025 and January 2026 are critical filing months.

Once the proposal is published, it will likely go through a mandatory 60-day public comment period before becoming effective. This means that even if the announcement comes in January, the regulations will likely take effect around March 2026.

Filing your petition before the new rules take effect protects you under the current, more favorable EB-1A regulations.

MOST APPLICANTS CAN STILL MAKE IT UNDER THE CURRENT EB1A RULES IF THEY BEGIN THE PROFILE-BUILDING ACTIVITIES NOW.

🧙‍♂️ With over 20 years of experience securing EB-1A approvals for experienced professionals, I’ve seen how the right EB-1A strategy transforms a strong background into a winning petition.

Once you decide to proceed, your case will be supported by a highly specialized and dedicated legal team, composed of a Managing Attorney, Senior Attorney, Associate Attorney, Law Clerk, and Paralegal, who will craft a compelling, customized legal narrative that highlights your extraordinary ability by describing your impactful work projects in detail.

Here’s what you can expect from us:
✔ A tailored EB-1A legal strategy designed to maximize your approval chances
✔ Fast communication — all your questions are answered within 48 hours
✔ Profile building and evidence advice to strengthen your chances of approval
✔ Preparation of a thorough I-140 petition and strong legal argument, typically within 2 months (or more, depending on your current record of achievement)
✔ A 7-day full money-back guarantee, allowing you to begin the process risk-free

If you are ready to move forward, please schedule a free assessment call with one of our Client Success Managers to review your profile, go through our process, and get started.

Book a consultation with an immigration attorney Katya Stelmakh – Seattle, Washington, USA.

10/31/2025

DHS Ends Automatic 540-Day EAD Extension (Effective October 30, 2025)
After this date, there will be no automatic extension — renewals filed on or after October 31, 2025, will not extend employment authorization while pending. No Premium Processing is available for EAD renewals.

This change affects applicants who rely on EADs to work while awaiting USCIS adjudication, including but not limited to:
* Spouses of E-1/E-2 and L-1 visa holders
* H-4 dependents
* Adjustment of Status applicants (pending I-485)
Clients in O-1, EB-1, NIW, H-1B, L-1, TN, E-1/E-2, or PERM categories may be indirectly affected through dependents who hold EADs under these codes.

What does it mean for employees?

* If your EAD extension has been filed and is pending as of October 30, 2025, you remain covered under the existing 540-day rule.
* Individuals whose renewal is filed and remains pending after October 30, 2025, will lose work authorization on the date their current EAD expires.
* Consult with counsel about alternative employment authorization paths (e.g., switching to H-1B, L-1, or E status).
* File renewals early! To prevent gaps in employment, applicants should file renewal applications 180 days before EAD expiration.

Action items for employers

* Conduct an audit of current employees with EADs expiring in 2025 and implement automated tracking of future EAD expiration dates: failure to terminate employees whose EADs have expired can result in I-9 compliance penalties.
* Coordinate with immigration counsel to ensure proper timing and filing guidance for affected staff.
* If rehiring an employee after renewal approval, HR must re-verify Form I-9 correctly.
* E-Verify participants must ensure continuous compliance.

10/28/2025

Can startup founders qualify for O-1A or EB-1A? Absolutely.

Over 55% of U.S. billion-dollar startups have at least one immigrant founder. Many of them began their journeys with an O-1A and later transitioned to an EB-1A green card.

✅ O-1A Work visa allows founders to sponsor themselves through their own startups (with careful setup).

✅ EB-1A Green card is a self-petition option for those with sustained achievements and impact in their field.

If you’re a founder wondering where to start, here are a few tips from our latest blog:

💼 The USCIS wants to see a sustained record of excellence — traction, press, funding, and recognition built over time.

🚀 Acceptance into competitive accelerators or gaining high-profile investments may qualify under “awards”.

📣 Tell your story strategically. Officers look for a clear narrative connecting your innovation to real-world impact.

🔗 Read the full breakdown:

The O-1A and EB-1A are among the few visa types that allow founders to own their companies and self-petition.

10/22/2025

We had an incredible weekend at the AILA Pacific Northwest Conference 2025!
Our Managing Attorney for Corporate Practice, Olga Prygoda, joined the H-1B Fundamentals panel to discuss the latest updates in H-1B filings, RFE trends, and new cap-exempt opportunities for 2025.
Our CEO, Katya Stelmakh, was also in attendance, strengthening our firm’s connection to the broader immigration law community.
🔹 Clear job definitions matter more than ever.
🔹 Cap-exempt partnerships offer new flexibility.
🔹 Policy changes ahead — we’ll keep you informed.

10/20/2025

This year, the USCIS is scrutinizing applicants and their petitions. We’re getting our clients approved because we know how to prepare very detailed and strong responses to RFEs and NOIDs.
How to submit a successful answer? Learn in our blog:

Lawyers report RFEs that are both more frequent and sometimes broader or more demanding than before 2025

10/14/2025

Our Managing Attorney of Corporate Practice, Olga Prygoda, will speak on the H-1B panel at the AILA Pacific Northwest Conference in Seattle this Thursday (Oct 16). Join her session to hear the latest H-1B developments and practical tips for employers and immigration teams.

Katerina Stelmakh will also attend — please stop by and say hello if you’re at the conference. If you’d like firm guidance on preparing for H-1B audits, RFEs, or cap issues, DM us to schedule a short follow-up.