Joomart Zholdoshev, an international lawyer and arbitrator with education from Kyrgyzstan, the UK, and the USA, runs a consulting company in New York. He specializes in immigration and international business issues, assisting his compatriots in these areas.
In an interview with 24.kg, Zholdoshev discussed the recent changes in the migration policy of the United States and provided recommendations on how to avoid common mistakes when applying for work visas and green cards.
— What significant changes have occurred in the migration policy of the USA in the last couple of years? How has this affected migrants from Central Asia?
— In recent years, migration policy has undergone substantial changes, becoming more focused on legality, transparency, and the use of technology.
Strengthening control at the southern border and revising the asylum application process have been important steps, along with the implementation of digital solutions to simplify document submission.
Joomart Zholdoshev
Now, most immigration forms can be submitted online, electronic systems have been introduced for tracking case statuses, and premium processing has become available for those who want a quicker response. This also applies to updated rules for foreign specialists and investors, making the process more predictable.
For citizens of Central Asia, the changes are generally positive. The USA remains a place where education, professional skills, and entrepreneurial activity are highly valued.
If a person has qualifications, experience, or a successful business, they have a good chance of obtaining a visa or green card based on merit. The main thing is to act legally and prepare in advance.
Joomart Zholdoshev
— What are the main difficulties faced by citizens of Kyrgyzstan when applying for a visa or work permit in the USA?
— Often, people submit documents without a clear understanding of the process. They do not realize the difference between visa categories and the requirements of immigration legislation. For example, some apply for a tourist visa when they could apply for a work visa that matches their qualifications.
Errors in documents are also common: inaccurate translations, contradictory data, and failure to meet deadlines.
The system in the USA is very formalized. If there are different dates in the documents or a signature is missing, the petition may be rejected.
Joomart Zholdoshev
Another difficulty is the lack of understanding of the employment and visa support process. For example, to obtain an H-1B work visa, one must have a sponsor from among American employers who will confirm the applicant's qualifications that are unavailable in the local labor market. This requires careful preparation of a resume according to American standards and verification of the employer's company status.
Immigration is a serious project where every detail matters: documents, arguments, and the order of submission.
Joomart Zholdoshev
— Which visa categories are most in demand among citizens of Kyrgyzstan, and which of them are realistically obtainable?
— Tourist and student visas are traditionally popular, but more and more people are paying attention to categories that allow for long-term residence and business operations in the USA.
One such category is the E-2 investor visa.
Kyrgyzstan has an agreement with the USA on mutual investments, which opens up unique opportunities for starting a business in America.
Joomart Zholdoshev
With the E-2 visa, the investor and their family members can legally live in the USA, manage a business, and develop it. This visa is suitable for small and medium-sized businesses, restaurants, IT startups, and manufacturing enterprises. The main condition is that the investments must be substantial and aimed at creating jobs.
Visas based on professional qualifications are also in demand. Individuals with higher education and experience can apply for EB-1 or EB-2 National Interest Waiver (NIW) immigration visas, which allow obtaining a green card without an employer if the activity brings significant benefits to the USA.
It is important to understand that this is not only about "world-class talents" but also about professionals, scientists, and entrepreneurs who can prove their significance.
Joomart Zholdoshev
— Are there any special programs or simplified procedures for students or specialists from Central Asia?[/b>
— Although there are no separate programs for Central Asia, there are general mechanisms for all foreigners. For example, the F-1 visa allows students to study in the USA and intern after graduation. Graduates in technical fields can extend their internship for up to three years under the STEM-OPT program, which can be the first step towards a long-term career.
Qualified specialists have access to H-1B, L-1 (for intra-company transfers), O-1 (for individuals with extraordinary achievements), and P (for artists and athletes) work visas. For families, there are standard categories for reunification with US citizens and permanent residents.
Joomart Zholdoshev
It is important to remember that all these paths require serious evidence: education, experience, financial stability, and family ties. The American system is transparent, but strict requirements are imposed on applicants. If these are met, the process can proceed quickly and successfully.
[b]— What are the chances of obtaining asylum or TPS status for citizens of Kyrgyzstan?
— Kyrgyzstan is not on the list of countries with Temporary Protected Status (TPS), which is granted to countries experiencing armed conflicts or natural disasters.
As for asylum, it can only be obtained if there is a well-founded fear of persecution based on race, religion, nationality, political views, or membership in a particular social group.
Joomart Zholdoshev
Such cases require a convincing evidentiary basis, including documents confirming threats, media publications, and police statements.
However, it is worth noting that asylum policy has tightened, and the approval rate has decreased.
— What are the most common mistakes among applicants, and how can they be avoided?
— The first mistake is the wrong strategy. People often act spontaneously without understanding the requirements.
The second mistake is incomplete evidence. For example, if an applicant claims to have a business but does not provide tax returns or bank statements, this can be critical.
The third mistake is providing false information. Even minor discrepancies in applications can lead to denial or entry bans.
US immigration authorities carefully examine each application, including social media and public sources.
Joomart Zholdoshev
To minimize mistakes, it is necessary to approach the process from a legal perspective. We always recommend starting with a professional consultation: determine the appropriate category, gather evidence, and assess chances. Properly prepared documents account for 90 percent of success.
— What are the most common reasons for visa or green card denials for citizens of Kyrgyzstan?
— In the case of non-immigrant visas, the most common reason is Section 214(b) of the Immigration and Nationality Act, where the applicant cannot prove the absence of immigration intent, which raises doubts for the officer.
For work and immigration visas, denials are often related to technical shortcomings: errors in forms, insufficient translations, or contradictions between documents. Sometimes the reasons for denial are that the applicant does not explain how their activity will benefit the USA.
— What recommendations would you give to those who are just planning to move to the USA?
— First of all, it is necessary to clearly define the purpose of the move: education, business, family ties, or career. This determines the strategy. Secondly, it is essential to prepare documents: diplomas, translations, contracts, and financial reports. And finally, act legally and competently.
Immigration is not a random process but a conscious step. If approached professionally, anything is possible. The USA remains a country where hard work, competence, and honesty are valued. Experience shows that success accompanies those who are ready to work hard to achieve their goals.
Joomart Zholdoshev
Our company Jomart & Co regularly supports clients from various countries in developing strategies, preparing documents, and implementing immigration and business projects in the USA on a legal and sustainable basis.
