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I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

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Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#371

Post by marymkearney »

hiranyaf wrote: post #358

Hi Peter! I am so glad I found this thread. I have been in the U.S. uninterrupted since 2002 and would like to figure out what my chances are for an EB-1 (or EB-2) green card. I was first on an F-1 while at Wharton getting my MBA, then on a G4 working for the World Bank, then sponsored on three different H1-Bs (2 corporate and one research think tank, and finally since 2012 on an E-2. So I have been the U.S 14+ years…

Hi, it sounds like you might build a strong case for EB-1A extraordinary ability. I wrote a blog post recently that gives an overview of what you have to prove. (It's about O-1s, but the process is the same for EB-1As.)

http://visabuilder.com/blog/escape-from-h1b-hell-5-things-im...

Hope this is helpful.

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#372

Post by marymkearney »

throwawaydui wrote: post #214

Hi Peter, Thanks for doing this! I am currently looking at a unique situation, so I'm not sure if you would know about this. All I'm asking is if you would know anything from your experience. I'm an h1b visa holder from India and I recently got arrested and charged with a DUI. After talking to my lawyer, he looked at the evidence (videos, breathalyzer tests) and says its basically a 50% chance at a trial. So I'm look…

PLEASE talk to an immigration attorney ASAP about the consequences of pleading guilty. It's complicated, and it's REALLY important to have it explained by an attorney who understands the (sometimes terrible) immigration consequences of a plea.

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#373

Post by marymkearney »

hiranyaf wrote: post #345

Hello Peter! I am so happy to find you and this thread. here's my story: I am a Swiss and Sri Lankan national, female, been in the U.S. uninterrupted since 2002 on several different visas. F1-while at Wharton getting my MBA, then G4 working for the World Bank, then three different H1-Bs (2 corporate, one research think tank) and then since 2012 I have been on an E-2 for my start-up business. So basically I have been…

Hi, it sounds like you might build a strong case for EB-1A extraordinary ability. I wrote a blog post recently that gives an overview of what you have to prove. (It's about O-1s, but the process is the same for EB-1As.) http://visabuilder.com/blog/escape-from-h1b-hell-5-things-im.... Hope this is helpful.

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#374

Post by marymkearney »

lfittl wrote: post #211
freak4pc wrote: post #194

Hi Peter ! Thanks for doing this, I do have a couple of short questions. I'm an employee of a large US Corporate and got a O1 Visa which I'm currently employed under. I understand that my spouse will be able to move here as a O-dependant, but won't be able to work which is a huge issue for us and will probably prevent us from moving out to the US unless we find a permanent solution. I do wonder, what are my options o…

Looks like you missed the window where Peter was answering questions, and I'm not a lawyer (so please talk to one!), but: I think you could look into doing an EB1 green-card in the extraordinary ability category - the requirements are similar to the O-1 (just reviewed a bit more thoroughly), and it'd give your wife a work permit if you file the paperwork together. In theory that process can be done in ~3 months (for…

Agree, if your O-1 evidence is strong, pursuing an EB-1A is the fastest way to get your spouse work-authorized.

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#375

Post by marymkearney »

tommyvoltz wrote: post #271

Is popular github repo enough for o1 visa? it is significant achievement in programmers community)

You could frame it as an "original contribution of major significance in the field." The adjudicator would want to see (1) your original work, explained in plain English, and (2) the work that others have created, based on your original work.

In this situation you're not necessarily proving popularity, but the influence of your work on the major creations of others.

This could be a good foundation for an O-1. You'd have to show at least 3 of the 8 required elements, so you'll need a minimum of 2 more (media coverage, awards, judging, authorship, etc.)

HTH

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#376

Post by marymkearney »

throw42 wrote: post #2

I have a O-1, how hard is it to get a EB1A. In what percentage of cases will a O-1 person get a EB1A.

I view the O-1 as laying the foundation for the EB-1A. It's like your outline or first draft. It's super helpful to have your basic categories and narrative laid out in the O-1. The O-1 approval also provides some validation that you're on the right track.

You can then construct your EB-1A by fleshing out the categories with even more high-quality evidence (media articles, awards, salary, etc.), and perhaps adding a few more categories.

Unless the O-1 package was very strong, I wouldn't just resubmit it as an EB-1A. I'd take the time to amplify and strengthen it.

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#377

Post by marymkearney »

aliakhtar wrote: post #64

> the extraordinary ability and national interest waiver routes--are often very good options, and often overlooked because of a misunderstanding about the standards. Can you please clarify that, especially about the extraordinary ability criteria / standards? Is there a yard stick that one can measure themselves against, to get a realistic assessment of what their chances are? E.g may be an example persona of someone…

Hi, I agree that the USCIS website isn't super helpful when trying to figure out how the system really works.

I think that what Peter meant, was that these categories are often perceived as unreachable or too hard, when in fact they're a good option for high achievers, especially those who are proactive, motivated, resourceful, and detail-oriented.

You're right, it WOULD be helpful to see a yardstick, and some examples on a continuum of high-medium-low qualifications.

Here are a few news stories I've collected about real people getting their O-1 visas, and what the process was like. They give you at least a few snapshots of successful O-1 applicants.

http://goo.gl/ihb2U6

http://goo.gl/f2NDza

http://goo.gl/nXdX95

I also wrote a blog post that gives an overview of the evidence you need. http://visabuilder.com/blog/escape-from-h1b-hell-5-things-im...

HTH

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#378

Post by marymkearney »

kumarski wrote: post #262

Do any of the following qualify as extraordinary abilities? * Winning Academic Competitions * Breaking World Records * Building Very Large Digital Things

Winning academic competitions:

Generally not. USCIS considers academic honors to be pre-career, or preparatory for career. I'd omit these, as they can make you look small.

Exceptions might include very prestigious international competitions with a lot of media buzz, or cutting-edge postgraduate or fellowship work.

Breaking world records:

Interestingly, there's no O-1 category that this really fits into, even though it's clearly evidence of extraordinariness. I've had good luck fitting it into the "prizes and awards" category.

This works best if there is some media buzz around the event that features the record-breaker, that you can also compile in the media coverage category.

Building very large digital things:

Probably, if they ship, if they're successful, and if they make peoples' lives work better. This could be an "original contribution of major significance." You'd have to show specific examples of the impact of your work on the field as a whole, i.e., how it was a game-changer.

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#379

Post by marymkearney »

mceoin wrote: post #192

Hi Peter, The 0-1 visa has many advantages for entrepreneurs. How would you advise positioning oneself to obtain one?

Hi, I wrote a blog post recently that answers this question. http://visabuilder.com/blog/escape-from-h1b-hell-5-things-im.... Hope this is helpful.

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#380

Post by marymkearney »

maratal wrote: post #281

Hi Peter! I've got a github repository with couple of thousands stars, can this help me to obtain O-1?

Hi, a Github repository can be an "original contribution of major significance in the field." The adjudicator would want to see (1) your original work, explained in plain English, and (2) the work that others have created, based on your original work.

In this situation you're not necessarily proving popularity, but the influence of your work on the major creations of others.

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