Hello Reader,
Happy Wednesday. ✨
A few important immigration updates landed this week from new EB-5 fees and broader USCIS fee increases to changes in how travel history is documented.
We’re also revisiting one of our recent expert sessions on O-1 and EB-1A evidence, with practical takeaways on expert letters, original contributions, critical roles, and building your case before USCIS asks for more evidence.
And if you're thinking about your next move beyond employer sponsorship, we've pulled together a few resources worth bookmarking.
Here’s what you need to know 👇
The Open Atlas Weekly Bulletin
USCIS Adjusts EB-5 Fees to Cover Program Costs and Strengthen Integrity Measures
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USCIS Announces FY2027 Inflation-Based Fee Increases
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CBP May No Longer Routinely Stamp Your Passport
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You're receiving this email as part of the Open Atlas weekly newsletter. Immigration and global mobility can be complex. So every Wednesday, we simplify that by sharing breaking news, free opportunities, & latest trends. If you find value in reading it, forward this to a lucky friend. If this was forwarded to you, get your own here! Read all the past editions here. 💃 |
Now, onto the newsletter.
📗 Immigration
USCIS Adjusts EB-5 Fees to Cover Program Costs and Strengthen Integrity Measures
USCIS has announced adjustments to fees associated with the EB-5 Immigrant Investor Program.
For prospective EB-5 investors, government filing fees are just one part of the overall cost of pursuing the program, so changes to USCIS fees are worth factoring into financial planning before moving forward.
The EB-5 process already involves significant planning around investment funds, source-of-funds documentation, project selection, and filing strategy. An increase in government fees adds another cost that investors should account for when evaluating the total investment and immigration budget.
If you're considering EB-5, this is a good reminder to look at the complete cost structure and timeline rather than focusing only on the required investment amount.
👉 Read the USCIS update
CBP Officers May No Longer Routinely Stamp Your Passport
Something else travelers should be aware of: CBP officers will no longer routinely stamp passports after every trip into the United States.
For many travelers, a passport stamp has traditionally served as a quick physical record of an entry. As that practice becomes less routine, your electronic I-94 and travel history become even more important records to keep track of.
This matters particularly for individuals who have an ongoing immigration case or may need to establish their travel history, admission date, or authorized period of stay in connection with a future filing.
After international travel, make it a habit to check your electronic records and confirm that the information is accurate. Don't rely solely on the absence or presence of a physical passport stamp.
👉 Read more about the change
USCIS Announces FY2027 Inflation Increase for Certain Immigration Fees
USCIS has also announced inflation-based increases for certain immigration-related fees for FY2027.
For anyone planning an immigration filing, fee changes can affect the overall cost of a petition or application. This is especially relevant if you're already preparing to file and have budgeted based on older fee schedules.
Before submitting a petition or application, make sure you're checking the current USCIS fee requirements rather than relying on an older filing checklist or fee amount.
A filing can involve more than just the legal or professional fee—you may also need to account for government filing fees, premium processing where applicable, medical examinations, translations, evaluations, and other supporting costs depending on the case.
👉 Read the USCIS announcement
💡Expert Take
Building Stronger O-1 & EB-1A Cases: The Role of Evaluations & Expert Evidence
Around 250 members of our community joined us on September 11 for our session on Building Stronger O-1 & EB-1A Cases: The Role of Evaluations & Expert Evidence.
O-1 and EB-1A petitions are designed for individuals who can demonstrate extraordinary ability. But having an impressive résumé, awards, publications, or a strong job title doesn't automatically tell USCIS why your work is significant or how it satisfies the applicable criteria.
That is where the presentation focused heavily on the role of independent expert evidence and professional evaluations.
Where Does Expert Evidence Fit?
The session explored how expert evidence can be used across different O-1 and EB-1A criteria to help explain the significance of an applicant's work.
Rather than simply stating that someone is exceptional, an expert opinion can provide context around what the applicant accomplished, why it matters, and how it compares to the work being done by others in the field.
The goal is to help the adjudicator understand the significance of achievements that may otherwise be difficult to evaluate from a résumé or list of credentials alone.
Original Contributions vs. Critical Roles
One important distinction discussed was the difference between demonstrating an original contribution and demonstrating a critical or essential role.
For original contributions, the focus is on the impact or significance of the applicant's work within the broader field.
For critical roles, the evidence needs to establish why the applicant's role was important to an organization, project, or other relevant entity.
Simply having a senior title or working for a well-known company does not necessarily establish either criterion. The evidence needs to explain what the person actually contributed and why that contribution mattered.
Giving Context to Awards, Media, Judging & Publications
Another key theme was context.
An award may sound impressive, but USCIS may still need to understand its significance, competitiveness, selection process, and standing within the field.
Similarly, being featured in media or serving as a judge can be useful evidence, but the strength of that evidence depends on the surrounding context.
The same principle applies to publications and other professional achievements: the existence of the evidence is only one part of the story. Its significance needs to be clearly established.
Expert Letters vs. Generic Recommendation Letters
The session also explored what makes an expert opinion different from a standard recommendation letter.
A generic recommendation letter may describe someone's skills, character, or professional achievements.
An evidence-backed expert opinion should go further by helping explain the significance of those achievements from the perspective of the field.
That distinction can be particularly important when the adjudicator may not have specialized knowledge of the applicant's technical or professional area.
The Expert Perspective
Our featured expert is the Director of Client Services at a leading expert evaluation firm.
The firm's network includes 125+ professors who provide independent opinions for extraordinary-ability petitions, and its team reviews approximately 100–200 RFEs every week.
That experience provides a close look at the types of evidence USCIS is questioning and the areas where petitioners may need to provide additional context.
The Big Takeaway
One of the strongest messages from the session was simple:
Don't wait for an RFE to start building your evidence strategy.
If expert evidence is going to play an important role in explaining your achievements, it should be considered as part of the initial petition strategy, rather than something added only after USCIS asks questions.
What Our Community Asked
Q: Can I self-petition, or does my employer have to sponsor me?
→ Both approaches can work depending on the immigration category and individual circumstances.
For extraordinary-ability cases, the focus should remain on the individual's impact and achievements, rather than simply the job title or employer.
Q: Do blog posts count as published material?
→ Not necessarily in the same way as qualifying authorship evidence.
Depending on the circumstances, blog coverage may be more appropriately considered as media evidence rather than relying on it as evidence of authorship.
Q: Are co-authored papers acceptable?
→ Yes. Being a co-author does not automatically make a publication unusable.
However, your individual contribution should be clear, particularly when the petition relies on the work as evidence of your achievements.
Q: Should I pursue O-1 first or go directly to EB-1A?
→ There isn't one answer for everyone.
For someone already in the U.S. who has sufficient time to build their profile, pursuing O-1 first can potentially provide a pathway while continuing to strengthen a future EB-1A case.
Q: What's the difference between EB-1 and EB-2 NIW?
→ EB-1 is designed for individuals who can demonstrate a very high level of achievement in their field and does not require the labor-certification process.
EB-2 NIW has a different eligibility framework and focuses on whether the applicant's proposed endeavor has national importance and whether waiving the job-offer and labor-certification requirements is justified.
The right strategy depends heavily on the individual's background, evidence, and proposed plans.
Q: I'm early in my career. Can I start building an EB-1A profile now?
→ Yes.
You don't need to wait until you're ready to file to start building a stronger profile. The session highlighted a three-to-five-year approach that can include opportunities such as judging, speaking, publishing, and building meaningful contributions to your field.
The earlier you start, the more naturally these achievements can develop over time.
Q: Does a high salary help with EB-1A?
→ Compensation can be relevant evidence when it meets the applicable standard.
The discussion highlighted base salary above the 90th percentile as the benchmark mentioned during the session and cautioned against relying on equity alone.
🎥 Missed the Session? Watch the Replay
If you couldn't join us live or want to revisit the discussion you can watch the full session here:
👉 Watch: Building Stronger O-1 & EB-1A Cases
👉 View the webinar page
🌎 Resources
Paths That Don't Depend on an Employer
The current employment landscape is a reminder that your immigration strategy doesn't always have to depend entirely on a single employer.
If you're planning your long-term path in the U.S., it's worth understanding options that can provide more independence from traditional employer sponsorship.
EB-2 National Interest Waiver
The EB-2 NIW can allow qualifying applicants to self-petition without an employer sponsor.
But self-petitioning doesn't mean the case is simply about having a strong résumé. One of the most important parts of the strategy is developing a specific, well-documented proposed endeavor and demonstrating why that endeavor has national importance.
👉 Explore USCIS EB-2 NIW guidance
O-1A
The O-1A is another potential option for individuals who can demonstrate extraordinary ability in fields including science, education, business, or athletics.
For professionals in STEM fields, USCIS has additional guidance explaining how different types of evidence may be evaluated.
👉 USCIS O-1A guidance
👉 USCIS Policy Manual: STEM evidence
Entrepreneur Employment Pathways
For founders and entrepreneurs, USCIS also provides an overview of pathways and considerations related to employment and entrepreneurship in the United States.
If you're building a company or planning to launch a venture, this is a useful starting point for understanding the immigration landscape.
👉 USCIS Entrepreneur Employment Pathways
Webinar Alert
🎓 F-1 & OPT Survival Guide
F-1 and OPT rules are evolving quickly. Join immigration attorney Steven Brown, Partner at Reddy Neumann Brown PC, for a practical session covering the Duration of Status rule, recent CPT guidance, proposed OPT fee changes, OPT & STEM OPT timelines, and cap-gap considerations.
If you’re an international student, OPT/STEM OPT holder, recent graduate, or preparing for the H-1B process, this session will help you understand key developments and plan your next immigration step with greater clarity.
📅 October 15, 2026 | 10:00 AM PT
Register for the session
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👉 Want to put yourself in front of 40,000+ high-skilled immigrants? Just hit reply to start a conversation.
Until next week, stay awesome.
Yours truly,
Team Open Atlas 💙
💡 None of the information shared in this newsletter is meant to be legal advice. If you're looking for legal advice, speak to a lawyer.