Rita Sostrin Talks O-1 Visas, Agency Sponsorship, and Why AI Can't Replace the Human Element in Immigration Law
14th November 2025
Date
Interviewee
Rita Sostrin
Rita Sostrin Talks O-1 Visas, Agency Sponsorship, and Why AI Can't Replace the Human Element in Immigration Law
" In law school, I found an immigration law firm," Sostrin recalls. "And then one thing led to another, so I ended up staying there and fell in love with my job. I sometimes wonder if it was immigration law that actually found me."
Three decades later, Sostrin remains one of those rare attorneys who genuinely embraces what she does. As a partner leading a team of four lawyers and approximately 20 staff members, she has carved out a distinctive niche representing individuals with extraordinary ability across fields including high tech, arts and entertainment, academia, medicine, and science. Her practice focuses primarily on O-1 visas and EB-1 green cards, helping talented individuals navigate an increasingly complex immigration landscape.
Rita Sostrin's Journey: From Paper Forms to Digital Immigration Practice
When Sostrin started practicing in the mid-1990s, the world of immigration law looked radically different. The Immigration and Naturalization Service (INS) was still the primary agency, and attorneys would physically visit local offices to pick up paper forms, which they would then complete on typewriters.
"It’s amazing how we got anything done because it took so long," Sostrin reflects on those early days. "Obviously, technology has tremendously changed the face of efficiency over the last 30 years."
But technology isn't the only thing that has changed. The immigration environment itself has grown progressively more restrictive. While the fundamental law remains rooted in the Immigration Act of 1990, its application has shifted dramatically, depending on which administration occupies the White House.
"Things have become more restrictive over the years," Sostrin observes. "And as lawyers, we learn how to adapt and develop novel, creative strategies to better counsel clients to elevate their prospects for successful outcomes in their cases.
The constant adaptation has become part of the job. Sostrin notes how executive orders and proclamations from the current administration seem to arrive with challenging regularity. "It feels like every Friday they come out with something new," she says with a knowing tone that suggests hard-won experience.
Rita Sostrin on Extraordinary Ability Visas: Navigating the O-1 and EB-1 Landscape
Sostrin's expertise in O-1 visas and EB-1 green cards has positioned her at the intersection of talent and opportunity. These visa categories are designed for individuals who have demonstrated extraordinary ability in their fields, but demand for these pathways has surged in recent years.
Part of this increased demand stems from qualified individuals seeking to avoid the unpredictable H-1B cap lottery. But recent policy changes have accelerated the trend even further. The imposition of a $100,000 fee for certain H-1B visa holders has prompted many of Sostrin's cap-exempt clients to explore O-1 viability for candidates they previously would have sponsored through the H-1B program.
"Universities are exempt from the H-1B cap, so they don’t have to worry about it," Sostrin explains. "But now they can't bring people from abroad who've never had an H-1B before because of the $100,000 fee. So we are seeing an increase."
The O-1 visa category has also become attractive for a different reason: flexibility. Traditionally self-employed professionals such as artists and entertainers have long used O-1 visas because they don't want to be tied to a specific employer. But Sostrin notes that the definition of "traditionally self-employed" has evolved.
"Many professionals can be self-employed today, from an IT professional to an artist," she says. "So we do a lot of agency-sponsored O-1 petitions for people who don't want to be dependent on an employer."
Agency Sponsorship: Rita Sostrin's Approach to an Underutilized Pathway
Agency sponsorship represents one of the lesser-known but highly valuable pathways for O-1A visa holders, particularly entrepreneurs who want the flexibility to start their own companies. Since O-1 classification does not allow self-sponsorship, agency sponsorship provides a creative solution.
"An agent sponsor doesn't mean a talent agency," Sostrin clarifies. "That entity doesn't have to be in business as an agent, but it's a third party that creates a legal agency relationship with the beneficiary, and they act as the sponsor for the petition."
The beneficiary then needs job offers or evidence they will be working in the United States, and those job offers can come from their own company if it's a legitimate business with real work lined up. While the setup is complex, it works exceptionally well and allows talented individuals to come to the U.S. and build companies that eventually hire many people and contribute to the economy.
"It's critical to have a detailed consultation with clients explaining this because it's something that's not common in the O-1A context," Sostrin notes, emphasizing the importance of thoroughly educating clients about this option.
Rita Sostrin on Current Immigration Trends: NIW Adjudication and Remote Work Challenges
Beyond the O-1 category, Sostrin has observed significant shifts in how National Interest Waiver (NIW) cases are being adjudicated. Recent statistics reveal that NIW approval rates have plummeted from the 80th percentile to approximately the 54th, meaning nearly half of all NIW petitions are now being denied.
Sostrin believes this dramatic shift reflects an overcorrection. In recent years, NIW petitions became increasingly flexible, with some petitioners filing with minimal qualifications perhaps just a master's degree in a STEM field with no publications or substantial achievements.
"Maybe that was misplaced," Sostrin suggests. "I think that has resulted in the pendulum swinging the other way, where now it's really restrictive even for qualified people."
The immigration service has become particularly focused on the concept of the "endeavor" not simply the applicant's professional field or job, but rather their life's work and mission. "They want to gain a meaningful sense of your life's work. What's your life's mission? What are you doing with yourself and your professional plans?" Sostrin explains. "So that's how we explain it to the Immigration Service."
Her firm is still winning NIW cases even after receiving Requests for Evidence (RFEs), but the process has become more complex and difficult. Some cases she might have accepted a couple of years ago now require a frank conversation with the client about the challenges ahead.
Another emerging trend involves how USCIS handles fully remote positions. In the pre-pandemic world, all H-1B petitions required evidence of a physical office photos, lease copies, and similar documentation. Now, with remote work normalized, Sostrin's firm has had to develop new strategies to prove legitimacy.
In one recent case involving a fully remote position, the firm provided evidence of company retreats and team off-sites with photos showing the team together, demonstrating it was a real company with real employees. The petition was approved, though Sostrin admits she was nervous about the outcome.
"The world is changing and everybody has to be in line with that," she notes.
Rita Sostrin's Perspective on AI in Immigration Practice: Cautious Optimism with Human Oversight
As artificial intelligence tools proliferate throughout the legal profession, Sostrin has watched with both interest and concern. Her firm has begun incorporating AI into their workflow, but she remains adamant that human oversight is essential, especially for subjective petition types like O-1s, EB-1s, and NIWs.
"Obviously AI is here to stay and it would be misguided to overlook the value it can introduce to our work when deployed thoughtfully," Sostrin acknowledges. "But I think it's very important to not be overly reliant on AI, because we still need the strict oversight of a professional attorney to curate petition preparation."
Sostrin has seen AI-generated reference letters and even entire petitions submitted by clients who have consulted with other attorneys or services. The results have not impressed her. While AI can analyze documents and improve efficiency, she believes it's not yet ready to produce complete, submission-ready O-1 cases without substantial human intervention.
"I've reviewed some of those petitions, I can see it's all AI-generated and it's reckless to do that because it's very easy to get a case denied if you just rely on those kinds of resources," she warns.
Her firm works with AI tools for certain functions, selectively using AI assistance while attorneys perform the final drafting and analysis.
"So I think that we're all going to have to use AI, but discreetly, while maintaining the human touch to ensure compelling casework,” Sostrin concludes.
Rita Sostrin's Advice: Honesty, Transparency, and Professional Judgment in Challenging Times
The proliferation of low-cost DIY AI services and paralegal-style operations offering O-1, EB-1, and NIW petitions also concerns Sostrin. She worries these services make unrealistic promises to clients, particularly those with complicated cases.
"I'm a very honest lawyer," Sostrin states firmly. "When I consult with a client, I'm not going to sugarcoat it.They know I will fight hard, and I'm not afraid of a challenging case. But I want the client to have transparency about having a complicated case, and that we can't guarantee results."
Her advice to potential clients is straightforward: Don't cut corners. "This is not the environment to solely rely on AI or somebody who paints an unrealistically rosy picture," she emphasizes. Instead, she urges people to hire professionals whose judgment they respect and trust.
Looking Ahead: Rita Sostrin on the Future of Immigration
When asked about the future of U.S. immigration, Sostrin is measured in her response. She acknowledges that much depends on politics and presidential administrations. The current administration has been restrictive, implementing policies like the H-1B $100,000 fee and other significant changes.
The Department of Homeland Security has indicated plans to modernize the EB-1 classification, potentially in connection with the "gold card" that the Trump administration has promised. Sostrin hopes this means genuine modernization rather than increased restrictions.
"If you read the current longstanding regulations, they use words like cassette tapes and CDs as examples of the type of evidence to provide. These are things that are obviously outdated," she notes. "So, yes, it would be helpful to modernize and reflect the world we live in."
Congressional changes could take years, but new regulations can be implemented more quickly through the public comment period process. Changes can also come through revised immigration forms, updated filing fees, and memoranda to immigration officers that shift how standards are applied.
"These are life-changing decisions for a lot of people," Sostrin reflects on the weight of immigration adjudications. "Every file is a person with a family, with career aspirations, with future plans. And we hold their future in our hands. But so does the immigration officer who reviews these petitions."
Despite the challenges and uncertainties, Sostrin remains optimistic. She points to numerous studies demonstrating that immigrants benefit the economy, drive technological progress, advance scientific research, and contribute in countless ways.
"My hope is that we will see some advances in immigration law that will allow us to bring in more immigrants, especially the professionals," she says. “They historically have a disproportionate impact that benefits so many others.”
After 30 years in immigration law, Rita Sostrin's passion for her work remains undiminished. From that fortuitous internship in Minneapolis to a thriving practice representing extraordinary individuals from around the world, she exemplifies the dedication and adaptability required to succeed in this challenging field. As immigration law continues to evolve, attorneys like Sostrin will remain essential guides for those seeking to bring their talents to the United States.
About Rita Sostrin
Rita Sostrin is a founding partner at Sostrin Immigration Lawyers, LLP in Los Angeles, CA. Over her 25 years of practice, Ms. Sostrin has emerged to become one of the leading experts in immigration law matters for individuals of extraordinary abilities, including artists, entertainers, academics, and physicians.
She is a frequent speaker on advanced immigration law topics at national and international conferences and is an authoritative writer for distinguished legal publications. In addition, she is often sought out by the national media to provide perspective and commentary on evolving immigration policies and has been featured in The New York Times, The Wall Street Journal, Forbes, Bloomberg Law, Politico, Billboard, National Public Radio, PBS, and The Globe & Mail. Throughout her career, Ms.
Sostrin has served in various leadership positions on behalf of the American Immigration Lawyers Association (AILA), including the USCIS Headquarters Benefits Policy Committee, Business Immigration Response Team, and the California Service Center Liaison Committee, the latter of which she chaired for several years. For her outstanding contributions to AILA, Ms. Sostrin has been honored by the organization’s President’s Commendations. Among her other honors and accolades are the selection as “Lawyer of the Year” in Immigration Law in Los Angeles by Best Lawyers of America and designation as a “Thought Leader” in The International Who’s Who of Corporate Immigration Lawyers. In addition, Ms. Sostrin has earned the distinctions of Chambers USA, Best Lawyers in America, and since 2014, U.S. News & World Report Best Lawyers, as well as the Los Angeles Business Journal that recognized her among the “Women of Influence: Attorneys 2024.” Ms. Sostrin is a member of IMMLAW®, a consortium of 25 prominent attorneys who are advancing the practice of immigration law.
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