The Sports Visa Lawyer - Ksenia Maiorova

The Sports Visa Lawyer - Ksenia Maiorova Award-winning Sports Immigration Attorney focusing on P visas, O visas, and Extraordinary Ability Gr

USCIS’s New “No RFE” Policy: What Happens When the Government Gets It Wrong?USCIS has announced that officers will have ...
08/07/2026

USCIS’s New “No RFE” Policy: What Happens When the Government Gets It Wrong?

USCIS has announced that officers will have greater latitude to deny immigration benefit requests without first issuing an RFE or NOID, framing the change as an effort to combat “frivolous” filings.

Here is my problem with that.

In my practice, RFEs generally raise one of two issues: USCIS claims evidence is missing, or USCIS claims the evidence does not legally satisfy the applicable standard.

In 99% of the RFEs I receive alleging missing evidence, the evidence is already in the record. My response is often simply: please see Exhibit X.

Legal-deficiency RFEs present a different problem. I routinely see USCIS cite cases that do not stand for the proposition asserted, disregard its own Policy Manual, apply standards inconsistent with the statute or regulations, or ignore legal authority.

Again, my response is generally not about fixing a deficient filing. It is about pointing USCIS back to the evidence and law already before it.

To be clear, poorly prepared filings exist. They are particularly common when prepared by some who isn’t a licensed attorney. Some omit required documents or are legally deficient. But many experienced immigration attorneys, particularly those specializing in complex areas like extraordinary ability immigration, submit comprehensive filings from the outset.

For those cases, an RFE or NOID serves an important purpose:

It gives counsel an opportunity to correct USCIS before that mistake becomes the applicant’s denial.

Take that away, and an officer can overlook evidence, misread precedent, apply a nonexistent legal standard, or ignore authority and simply deny.

The applicant is then left to refile, appeal, or file a motion, bearing the expense and consequences of correcting the government’s error. And sometimes those remedies are meaningless because the applicant’s status has expired in the meantime.

That is why I do not accept that this policy is simply about stopping “frivolous” filings.

I see it as part of a broader effort to reduce immigration approvals through procedural mechanisms. If the objective is fewer approvals, eliminating an applicant’s opportunity to correct an erroneous adjudication certainly helps accomplish it.

But reducing approvals and improving the integrity of adjudications are not the same thing.

Sometimes lawyers get it wrong. And sometimes USCIS gets it wrong. In my experience, the latter is more common.

The RFE and NOID process gives us an opportunity to figure out which happened before the consequences fall entirely on the applicant.

Removing that safeguard doesn’t just make frivolous cases easier to deny.

It makes meritorious cases easier to deny, too.

I will keep fighting for my clients. Throughout my 18 years of practice, when USCIS has pivoted, we have always adapted. And we will adapt this time. But many unrepresented individuals will suffer unfair denials and that isn’t justice!

Excited to report an EB-1A green card win for an elite beach volleyball player this week. Here's how he described our wo...
02/26/2025

Excited to report an EB-1A green card win for an elite beach volleyball player this week. Here's how he described our work: "I cannot express enough gratitude for everything you have done for me and my wife throughout this immigration journey. Receiving our green cards is truly a life-changing moment, and it would not have been possible without your expertise, dedication, and support."

These victories make the grueling process worthwhile. Congratulations to our client!

Hey, immigration lawyers! Tired of grinding through low-profit, high-stress cases while others make easy money in sports...
02/21/2025

Hey, immigration lawyers! Tired of grinding through low-profit, high-stress cases while others make easy money in sports immigration?

If you’re waiting until you ‘feel ready’ to take on P-1A and EB-1A sports cases, you’ll be waiting forever. This workshop will get you ready—immediately. And your first case will cover cover the cost of attendance!

Ready to make some money? Let's go! ✈️🏖

April 10, 2025 @ 4:00 PM - Tulum, Quintana Roo, Mexico

01/02/2025

It's been a great couple of weeks for our Olympians! Our holiday season approvals include:

- P-1A visa issued to an Olympic medalist equestrian athlete. This case had a slight complication due to a minor DUI charge, which we were able to overcome.

- EB-1A approved by USCIS for an Olympic medalist in rowing. This case was complicated by the fact that the applicant was moving into coaching, while continuing to row mostly on a recreational level.

- O-1 visa issued in the Bahamas to a young Olympic sprinter from Nigeria. Due to the unavailability of appointments in Lagos and Abuja, we had to process in a third country.

- O-1 visa issued in Jamaica to a sports massage and recovery therapist who has worked with some of the top sprinters in the world.

Are you ready to become our next success story? Call us at 407-705-3345.

Congratulations to my client, Favour Ofili, on her Olympic qualification. It was such a joy to cheer her on in person at...
05/06/2024

Congratulations to my client, Favour Ofili, on her Olympic qualification. It was such a joy to cheer her on in person at the World Relays in the Bahamas this weekend!

Olympic Ticket Punched 👊

Team Nigeria's 🇳🇬 4x100m quartet of Tiana Eyakpobeyan, Favour Ofili, Olayinka Olajide and Tima Godbless has just crossed the line with SB of 42.71s to win the 3rd heat of the qualifying round @ the . Team Switzerland 🇨🇭 got the last ticket remaining for this event with 42.75s for 2nd.

From Paradise to Paris...Congratulations 💯

04/19/2024

I'm not generally one for conspiracy theories, but I believe that it is the deliberate agenda of USCIS to disincentivize using attorneys.

Let me explain...

The recent government fee increase hit one category in particular very hard - individuals applying for family-based green cards. The filing fee for the standard family-based adjustment packet went from $1,760 (already an astronomically high figure) to over $3,000 on April 1. Median household income in the US is $77,000, with the annual essential expenses being around $73,000. This means that there is only $4,000 PER YEAR left for non-essential expenses. The government now wants 3/4ths of that to process paperwork that receives less than 5 hours of agency touch time total. With the new $3,000 government fee, the average American family simply cannot afford legal assistance with the process, which is much needed, given that US immigration law is second in complexity only to US tax law. All of this is just the first punch.

USCIS is one of the few federal agencies that still uses paper filings for at least some of their cases. Recently, USCIS has introduced an e-filing system, which would be great if it wasn't plagued with glitches and integrated with the technology attorneys use to fill out forms more efficiently and avoid data entry mistakes. But this is the real kicker with the online system: the platform rules state that paralegals cannot prepare drafts of forms to be filed in the system and cannot check case statuses for clients in the system - all that must be done by an attorney. Let's break down what that means for the consumer. Attorney time = your money. To make case production more efficient from a time and cost standpoint, attorneys have their paralegals draft forms and monitor case statuses. That is no longer allowed if the attorney uses the online system. I just filed the simplest form available on USCIS, the one to enter appearance on a pending case, Form G-28. With my Forms software, producing that form takes less than 30 seconds and it's done by my paralegal. Online, because I had to do manual data entry, it took me about 10 minutes. Now let's do the math. Thirty seconds of paralegal time at $150/hr. is $1.25. Even if the attorney charges in 6 min increments, it's $15. Now let's take 10 minutes of an attorney's time at a rate of say even $300/hr, which is probably average. You are now paying $50.

In sum, USCIS is now only charging you an outrageous amount of money to do their work (poorly & slowly), they are also taking away all the tools that allow your attorney to deliver services at an affordable rate.

Yes, most immigration attorneys bill at a flat rate, but if it takes them exponentially more time to do the work, your flat rate will go up to account for that.

So when your attorney tries to explain to you why they are encouraging you not to file online when a paper version is available, heed their advice. It's for your own good.

I, for one, will avoid using that system for as long as I can. If you need immigration help, let's do it together, efficiently, while we still can!

Ksenia Maiorova, Esq.
Partner, Green & Spiegel US
407-705-3345

As an immigration attorney, advocacy for the clients I serve on a broader scale than just through representation is very...
04/12/2024

As an immigration attorney, advocacy for the clients I serve on a broader scale than just through representation is very important to me. This piece in the Rookie Wire, a division of USA Today Sports, features my insights on the immigration challenges of international student-athletes and how I am working to change the legal landscape to create more financial opportunities for the nearly 20,000 international student-athletes competing in the NCAA.

The WNBA invited 15 prospects to participate in person and of the 15, four are international athletes, which is roughly 27%.

04/03/2024

Happy to share another EB-1A victory today. This petition for an athlete was approved in just 5 days. Our client currently holds a P-1A visa and will continue to use that to travel in and out of the US while awaiting his final interview at the US embassy in his home country.

With the backlogs for travel authorization these days, a combination of an O-1 + EB-1 or a P-1 + EB-1 is critical for preserving the athlete's ability to travel internationally while we pursue their permanent resident status.

We provided evidence under the following criteria: Awards, Publications, Leading or Critical Role, Original Contribution, Salary/Remuneration and Exhibitions.

Another noteworthy thing about this case and other sports cases that we file is that we use athletic records to establish the original contributions criterion. With the right legal arguments and evidence, this works.

The petition was a heavy hitter at 898 pages total. A job done right!

03/13/2024

Hammer Time - EB-1A approval for a hammer thrower!

I am pleased to report that we have secured an EB-1A petition approval for a professional hammer thrower just 8 days after it was filed. Here are some details about the case:

Background: this is a client for whom we obtained P-1A status a couple of years ago, following a record-setting athletic career in the NCAA. He is ranked in the top 20 in the world in the hammer throw.

Criteria applied for: Awards, Memberships, Publications, Original Contribution, Salary/Remuneration, and Exhibitions.

Petition details: the petition consisted of 425 pages, which made this one of our thinner filings for an EB-1A.

Love to see my client as the cover of this story! Who says tiny countries can’t be competitive?
01/17/2024

Love to see my client as the cover of this story! Who says tiny countries can’t be competitive?

The Grenada Athletic Association celebrated its centenary earlier this week, with 11 January 1924 inscribed in the annals of World Athletics as the day the island’s federation founded

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