Earlier quoted context omitted.
Equivalent is Green Card EB-1. But there’s no automatic path.
Most lawyers I've spoken to disagree with this. The O-1 and EB-1 have similar criteria as written, but the EB-1 is adjudicated to a much higher standard than the O-1.
How I got an O-1 visa as a software engineer
11–20 of 209 posts
Re: How I got an O-1 visa as a software engineer
#12Earlier quoted context omitted.
The O-1 is a nonimmigrant visa[1], but my understanding is that it's also one of the few nonimmigrant visas that USCIS allows for dual-intent consideration. Eventually, you have to go through additional steps to convert to an immigrant visa (e.g. be sponsored by your (own) company, or marrying an American, etc.). [1] https://www.uscis.gov/working-in-the-united-states/temporary...
Right. The O-1, the "extraordinary ability" visa, is easily confused with the EB-1, sometimes called the "Einstein visa." The latter is for those seeking permanent residency, and the former is not. The EB-1 became notorious a few years back in some circles when it was pointed out that the first lady had gotten one for modeling, but like this article points out, the criteria to get one is not as insurmountable as it m…
It's not an Einstein "visa" by any means. https://www.uscis.gov/green-card/green-card-eligibility/gree...
You can have extraordinary abilities or you can be a manager at bigcorp. Yes, being a manager will most times qualify you for an EB-1 bracket.
Re: How I got an O-1 visa as a software engineer
#13Earlier quoted context omitted.
Equivalent is Green Card EB-1. But there’s no automatic path.
Most lawyers I've spoken to disagree with this. The O-1 and EB-1 have similar criteria as written, but the EB-1 is adjudicated to a much higher standard than the O-1.
Re: How I got an O-1 visa as a software engineer
#14Re: How I got an O-1 visa as a software engineer
#15Earlier quoted context omitted.
Right. The O-1, the "extraordinary ability" visa, is easily confused with the EB-1, sometimes called the "Einstein visa." The latter is for those seeking permanent residency, and the former is not. The EB-1 became notorious a few years back in some circles when it was pointed out that the first lady had gotten one for modeling, but like this article points out, the criteria to get one is not as insurmountable as it m…
EB-1 is not a visa. It's a category for permanent residence application. It's not an Einstein "visa" by any means. https://www.uscis.gov/green-card/green-card-eligibility/gree... You can have extraordinary abilities or you can be a manager at bigcorp. Yes, being a manager will most times qualify you for an EB-1 bracket.
But yes, the majority of recipients get them because they're managers at big companies.
Re: How I got an O-1 visa as a software engineer
#16I have a dumb question but how often do tourist visa overstayers get deported while running their own business under an incorporated ITIN? There's not even an I-9 check for non-employee income. There's got to be millions of people doing something like this or as 'independent contractors' considering how trivial it is and the obvious completely broken immigration system that demands these kinds of hacks.
I think there was a shady underground way to match illegal immigrants with SSNs. Or they just networked heavily in their communities.
Re: How I got an O-1 visa as a software engineer
#17Earlier quoted context omitted.
EB-1 is not a visa. It's a category for permanent residence application. It's not an Einstein "visa" by any means. https://www.uscis.gov/green-card/green-card-eligibility/gree... You can have extraordinary abilities or you can be a manager at bigcorp. Yes, being a manager will most times qualify you for an EB-1 bracket.
What makes it not a visa? It's permission to enter the U.S., that's what a visa is, isn't it? Also, I that's it's pretty common to call it that: https://en.wikipedia.org/wiki/EB-1_visa But yes, the majority of recipients get them because they're managers at big companies.
I don't think so.
You can't get EB-1 status unless you are already on some visa (H-1, O-1, etc). Once you start the green card process, at some point, you'll get paperwork letting you travel even though the green card has not yet been approved. Prior to that, you cannot unless your existing visa (H-1, etc) is still valid.
EB-1/2/3 are categories under which you apply for a green card - they are not visas.
Re: How I got an O-1 visa as a software engineer
#18Earlier quoted context omitted.
Most lawyers I've spoken to disagree with this. The O-1 and EB-1 have similar criteria as written, but the EB-1 is adjudicated to a much higher standard than the O-1.
I could argue EB-1 is easier. Become a manager at FANG -> apply for EB1.
Re: How I got an O-1 visa as a software engineer
#19Earlier quoted context omitted.
What makes it not a visa? It's permission to enter the U.S., that's what a visa is, isn't it? Also, I that's it's pretty common to call it that: https://en.wikipedia.org/wiki/EB-1_visa But yes, the majority of recipients get them because they're managers at big companies.
> It's permission to enter the U.S., that's what a visa is, isn't it? I don't think so. You can't get EB-1 status unless you are already on some visa (H-1, O-1, etc). Once you start the green card process, at some point, you'll get paperwork letting you travel even though the green card has not yet been approved. Prior to that, you cannot unless your existing visa (H-1, etc) is still valid. EB-1/2/3 are categories un…
You can still travel after filing the I-140 but not after filing the I-485 (adjustment) without advance parole.
Re: How I got an O-1 visa as a software engineer
#20I have a dumb question but how often do tourist visa overstayers get deported while running their own business under an incorporated ITIN? There's not even an I-9 check for non-employee income. There's got to be millions of people doing something like this or as 'independent contractors' considering how trivial it is and the obvious completely broken immigration system that demands these kinds of hacks.
Why would you go through the trouble? Most people I worked with in restaurants would just find someone’s name/ssn to use, put they had 10 children, and never ever file taxes. I think there was a shady underground way to match illegal immigrants with SSNs. Or they just networked heavily in their communities.
There are companies that provide a LLC with a SSN for just a fix payment of $400, but I am sure it comes with a lot of taxes issues that I don't want to care for now.
So, how can the financial system rely on SSN if they can be sold for inmigrants?