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How I got an O-1 visa as a software engineer

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Re: How I got an O-1 visa as a software engineer

#11
post #8

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.

And EB-1 has quotas. So even if you qualify it may take many many years for Indians/Chinese folks.

Re: How I got an O-1 visa as a software engineer

#12
post #5

Earlier 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…

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.

Re: How I got an O-1 visa as a software engineer

#13
post #8

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.

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

#15
post #12

Earlier 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.

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.

Re: How I got an O-1 visa as a software engineer

#16

I 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.

Re: How I got an O-1 visa as a software engineer

#17
post #12

Earlier 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.

> 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 under which you apply for a green card - they are not visas.

Re: How I got an O-1 visa as a software engineer

#18
post #13
post #8

Earlier 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.

It's not that simple. You need to have been a manager outside of the US for 1 year, apply and get approved for L1C visa, enter the country on that and then once in the US apply under EB1C. All the time maintaining legal status.

Re: How I got an O-1 visa as a software engineer

#19
post #17

Earlier 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…

That’s false. You can apply for EB visas from outside the US. After the approval of the I-140 (application for employment-based visa), instead of “adjustment” of your visa status in the US, you perform immigrant visa processing at your local consulate to get your green card.

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

#20
post #16

I 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.

I can imagine this being true but at the same time it's so weird. I tried to open an account with Chase and Bank of America and they ask me for SSN, and I can't get one because I am from outside the US (I just want to get one to have my freelance money in an actual bank and not Paypal/Payoneer/an app).

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?

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