Mark Nemtsov's first job in immigration law involved no clients, no filings, and no courtroom. He was 14, working in an immigration law firm in San Francisco, and his responsibilities were "stacking boxes and going through files and stuff."

His mother is an immigration attorney, and he was helping her out. It was not a calling yet. He describes his arrival in the field as happening "somewhat by chance." But those boxes were full of people's lives, and a couple of decades later, Mark is a partner at the Law Offices of Marina Serebryanaya and Mark Nemtsov, PC, telling the stories inside those files to USCIS for a living.

Mark Nemtsov's Path From First Job at 14 to Partner

After law school and several other jobs, Mark got an opportunity to join the firm in August 2012. He took it. That was 14 years ago, "pretty much to the day," as he puts it, and the firm has grown from two people to eleven in that time. "It's been an enjoyable experience, growing the business."

Ask him how an associate becomes a partner and he resists giving a formula. "Rising up to partner is highly firm specific," he says. "I know that's kind of a cop out answer." Then he offers something more useful than a playbook: a warning against making partnership the goal at all.

"Aspiring to be partner may not be the best plan of action. Just do the work and decide where your chief contributions lie."

The work, in his telling, has a few components. Cultivate relationships. Do high quality work on interesting cases. Find interesting things to work on for yourself. Keep up your continuing legal education. "As a result, that effort's going to be recognized, and over time you will hopefully escalate in the firm, if that's what you want." He adds a caveat that a lot of career advice skips: "Not everyone wants to be a partner, too."

A Full Service Immigration Practice for Businesses, Talent, and Families

The firm Mark helped build is a full service immigration law firm that primarily represents small and medium sized businesses across the country. The client list cuts across tech, automotive, manufacturing, and sports and entertainment. On the individual side, the roster reads like a casting sheet. Boxers. Ballet dancers. Ice skaters. Artists of all kinds. A professional who works the actual runways at New York Fashion Week. A person who invented their own methodology for building highly sophisticated tents and outdoor pavilions.

"We both represent individuals and companies as well as families," Mark says. Many of the family cases grow out of business cases. The firm represents an employer, then the employee, and then that employee brings their family over. "That relationship evolves."

Why Mark Nemtsov Loves O-1 and EB-1 Cases

Mark's favorite work is on O-1 and EB-1 petitions, the visa categories for individuals of extraordinary ability. The appeal is narrative. "I like learning people's stories and cultivating a case and trying to translate that story to USCIS."

But he is quick to say the appeal is not limited to talent visas, because different visa types put him in front of people at different stages of life. He loves J visas for what they represent: cultural exchange, people who "can come to America, see what it's about, not just hear about it on the news, but live and work here and train here and then bring that knowledge back to their respective countries." Those clients are usually early in life, often right out of college.

Then there is the H-1B, which he thinks is misunderstood. "There's an idea that H-1Bs are really straightforward. They're not, in the sense that USCIS creates obstacles for H-1Bs." He points to the hundred thousand dollar rule that "got people excited and upset," and to the nuance and refinement that followed. What keeps H-1B work interesting for him is the company behind each petition. "Knowing what the client does, how that employee is contributing to that vision, it brings a lot of excitement and variety to my job."

How to Build a Strong O-1 or EB-1A Case: Mark Nemtsov's Advice

For attorneys new to extraordinary ability cases, Mark's guidance starts before a single document is drafted.

"First off, take your time initially in the intake to really try and figure out what makes this person special and identify their field of expertise. Get as granular and specific as possible in a way that the evidence supports."

He also cautions against expecting clients to hand over a complete evidentiary record on day one. "People are not always going to provide you all the evidence all at once. Do your own research. Follow up."

Underneath the tactical advice is a point about the human side of the work. Talented clients are fun to work with, but they are also busy and, in Mark's words, "nervous because this is an immigration process." The attorney's job includes putting in the work up front so the client feels comfortable. "We're a client services business, right? You want the client to be happy and comfortable working with you, knowing that you care about them, knowing you care about their case, and also that you know your stuff."

His summary is four words long: "Don't presume. Ask."

What Mark Nemtsov Is Seeing at USCIS Right Now

Headlines paint a bleak picture of the immigration system. From the front lines, Mark's read is more measured, and it starts with an observation that will reassure a lot of practitioners.

"I'm seeing that good cases win. There's still a remarkable amount of approvals, and strong, well put together arguments still prevail."

That does not mean nothing has changed. Mark sees more rigidity within USCIS on several fronts. He is getting more adjustment interviews, including on employment based cases. Officers, even experienced ones, are more likely to say a case has to go "up the ladder" rather than exercise their own latitude. There is added scrutiny around politically sensitive issues, and those can shift with events. The war in Ukraine, for example, drew additional attention to Russian citizens.

"All these things are navigable," he says. "You just have to be prepared and think ahead of time." For him, that means asking what a case might spark beyond the case itself, and what an attorney can get ahead of to demonstrate to USCIS that there is nothing to be concerned about.

RFEs, Artificial Intelligence, and a New Kind of Scrutiny

One trend Mark flags is subtle but important: requests for evidence that feel like they were shaped by artificial intelligence. "I do see that there are requests for evidence that feel like at least some use of artificial intelligence. I think they're keying in on certain words and trying to find certain documents." He sees more rigidity in RFEs generally, though he is careful to note that not every case draws one.

His overall verdict resists both panic and complacency. "This is not some sort of intolerable landscape. I wouldn't even say always more complicated. There are new challenges that were not there before, and some of the previous challenges have gone away." The implication for attorneys is simple. "That's why you have to keep up with your continuing legal education. Gotta see what the new trends are."

How the Firm Protects Approval Rates Under a Stricter Administration

When asked how his approach has changed over the past year and a half of the current administration, Mark's first answer is about who the firm agrees to represent.

"We're highly judicious about the clients we take on. Maintaining our approval rates is about interviewing people ahead of time."

His reasoning is ethical as much as strategic. Once a client starts the process, "their hopes are going to be up. They're human beings." Most clients do not internally believe their case is a coin flip, so an attorney should not put them in that position by taking a case and hoping for the best. "You want to get them to the best position possible."

Beyond case selection, the firm has adapted in specific ways:

• Over document. The firm tries to get ahead of trends by studying RFEs from earlier in the administration, checking whether current cases line up with those patterns, and addressing potential issues before filing.

• Get ahead of admissibility questions. Possible immigration violations or crimes of moral turpitude "now come up in RFEs more often." The firm has always been careful here, but these checks have become more relevant. Mark's approach with clients is to relax them and be direct: "These are all overcomeable problems, but you got to be upfront about it."

• Emphasize contribution to the United States. Mark thinks USCIS "rightfully" cares about this. "Our individual clients and the companies, they contribute to the United States economy, they contribute to the culture, they contribute to the landscape." The firm makes that specific in every petition, whether the contribution is job creation, interesting ideas, or interesting people.

The One Immigration Law Mark Nemtsov Would Change

If he could alter one piece of immigration legislation, Mark would reform the H-1B cap. "I would probably at least alter the H-1B cap and have it not happen once a year." The annual lottery assumes every company is equally ready to file in March, which he calls unrealistic given that the cap is exhausted every year. His fix: "Break it up and increase the cap. That's one thing that I think would help businesses a lot."

AI in Immigration Law: "The Era of I'll Get to It Later Is Rapidly Gone"

Mark sees artificial intelligence changing immigration practice from two directions at once, and neither is fully understood yet.

On the government side, the problem is opacity. "It's obviously there, but the level to which it is there is not entirely clear within government adjudication." He attended the AILA conference this year, where USCIS has said it does not use AI to make immigration decisions. Mark parses that carefully. "That doesn't mean they don't use AI to review packages, or perhaps draft RFEs or denials." Usage seems to vary from office to office and officer to officer, with no published rule telling officers what they may and may not do. He also suspects the learning curve contributes to delays as information gets fed into the system.

On the practitioner side, his message is unambiguous. "The need for attorneys to engage with AI has grown. It has gone from something that's like a nice to have, to you got to use it somehow. You don't have to use it for everything, and you should definitely figure out what it's most effective for. But the era of I'll get to it later is rapidly gone."

He is candid that everyone, including the agency, is still figuring this out. "We're all kind of learning as we go, learning the parameters of the tool simultaneously with its implementation." His practical advice is to keep watching. "It's cliche, but it is true that it is changing on a month to month basis. You gotta see where the winds are blowing."

The Biggest Mistake Immigrants Make, According to Mark Nemtsov

Asked about the most common mistake people make on the path to the United States, Mark gives an answer that he immediately clarifies is not a sales pitch. "They don't talk to an attorney. I'm not saying you have to hire me or anyone else."

His concern is with unchecked assumptions. People approaching any new system bring their own ideas about how it works, and if those ideas never get corrected by someone with expertise, the result is usually fear rather than progress. "If you're reading a lot of Reddit threads but not talking to anyone with lived experience beyond their own personal experience, I think that can lead to a lot of nervousness but not actually a lot of advancement of your agenda."

The second issue is vagueness of purpose. If you want to marry a US citizen, he says, the agenda and the process are clear. But many people simply want to work or live in the United States without having advanced the thought further. "It is always helpful to take the next step and say, well, when I get here, what would I like to do? What am I good at? What do I envision for myself in this new place?"

Mark Nemtsov's Advice for Employers and Self Petitioners

Mark tailors his first conversations to who the client is. For companies sponsoring talent, he offers two pieces of advice.

For employers

1. Treat compliance as a discipline, not a one time task. "Compliance is very important. You want to keep all the documents very clear and organized, and not just focus on onboarding this person but maintaining the records. It's always helpful and it's easier if you start early."

2. Remember the employee is a person, not just a petition. The firm represents the company, not the employee, but the employee is central to the process. "They have families and interests outside of working for whatever role you have intended for them. They're going to have human moments, and you got to be prepared for that," whether you are an HR professional or a founder at a company where the CEO or CTO handles everything.

For individuals

Mark's advice to talented individuals coming to the United States comes down to one word: plan. He encourages clients to form a bond with a real agent or business and to build an itinerary of what they intend to accomplish. The immigration system, once you have an approval, "can be flexible. You can change your goals and you're not hemmed in entirely, as long as you remain compliant." But the clock moves faster than people expect.

"If you come in with no plan, six months can vanish, and all of a sudden you need to think about an extension." That is why the firm focuses heavily on business plans in individual petitions, whether the client is on a J visa internship, an O-1 for a business they are starting from scratch, or an E-2. The plan should be realistic, but it is also, in Mark's words, "a good jumping off point."

The Success Stories That Stay With Him

Mark says he has been lucky to have many success stories, and the ones he returns to share a pattern: people who came on a talent visa and built something that employed others.

There was the client who opened a ballet school on the back of an EB-1 the firm prepared. That school now employs a dozen people. There was the O-1 recipient whose business began as a socially minded venture, essentially a consumer score for businesses, and who then changed the model entirely to focus on education. "That was a massive success."

What moves him is not just the outcome but the effort. Watching clients operate in a difficult climate and a difficult ecosystem, he says, "I have so much respect for it. It's hard. It's work that is constant." Business owners have to keep up with new ideas, keep clients happy, and keep themselves fresh and active mentally. "I can think of many clients that have started these small businesses that really, it's been inspirational to watch. The effort that they've put in, their heart and their intellect and flexibility. It's been great."

It is a long way from stacking boxes at 14. But in a sense, the job has not changed. The files were always full of stories. Mark Nemtsov just learned how to tell them.

Key Takeaways From Mark Nemtsov

• Good cases still win. Approvals remain strong for well prepared, well argued petitions despite a more rigid USCIS.

• Case selection protects clients and approval rates. Interview thoroughly and decline cases that would put a hopeful client in a coin flip position.

• Get ahead of the RFE. Study earlier RFE patterns, over document, and address admissibility issues before filing.

• Show contribution to the United States. Make job creation, ideas, and cultural impact concrete in every petition.

• Engage with AI now. Figure out where it is most effective for your practice; waiting is no longer an option.

• Clients should plan before they land. Six months can vanish without an itinerary and a business plan.

Frequently Asked Questions

Who is Mark Nemtsov? Mark Nemtsov is a partner at the Law Offices of Marina Serebryanaya and Mark Nemtsov, PC, a full service immigration law firm in the San Francisco Bay Area. He joined the firm in August 2012 and has practiced immigration law for 14 years, representing small and medium sized businesses, extraordinary ability individuals, and families.

What types of immigration cases does the firm handle? The firm represents businesses in tech, automotive, manufacturing, and sports and entertainment, along with individual clients such as athletes, dancers, artists, and fashion professionals. It also handles family based cases, adjustments of status, and naturalizations.

What is Mark Nemtsov's advice for O-1 and EB-1A cases? Take time in the intake to identify exactly what makes the client special and define their field as specifically as the evidence supports. Do your own research, follow up for missing evidence, and put in work up front so a busy and nervous client feels comfortable. Don't presume, ask.

What USCIS trends is Mark Nemtsov seeing in 2026? More rigidity within USCIS, more adjustment interviews including on employment based cases, officers escalating decisions rather than exercising latitude, RFEs that appear to be shaped by AI keyword detection, and more frequent RFE questions about past immigration violations or crimes of moral turpitude. He also notes that good cases continue to win.

What immigration law would Mark Nemtsov change? He would reform the H-1B cap so it does not run once a year, breaking it into multiple rounds and increasing the overall cap to help businesses.