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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

#101

Post by skynetv2 »

hn_throwaway_99 wrote: post #93

Congrats OP! I'm trying to choose my words carefully, because I don't want to give the wrong impression: 1. I think it's great that OP got the visa, and it's clear (at least to me) that we should be attracting entrepreneurial types like OP to start businesses in the US. I also understand that our immigration system is hopelessly broken, and oftentimes the best one can hope to do is "hack" the system. So I commend you…

100% agree. Someone I know received an O1 EO visa but they had worked on products that were shipping worldwide for 100s of millions of dollars, filed patents, had advanced degrees, worked at some high profile institutions, had 1000s of citations for their papers, papers published in high profile conferences and journals, and recommendation letters from CEOs, CTOs of high profile organizations from US and abroad. And they were employed in a domain which is identified as a critical technology. Their case was still far from being a high confidence case. The lawyers kept the regular process going, including NIV path.

No offense to OP and still a nice achievement but OP's listed criteria are not even close to what would qualify for O1 and would not hold up under scrutiny if the letter and spirit of the criteria is applied. It is possible that USCIS is instructed to encourage issuance for start up founders, which is totally fine and is necessary to keep the innovation going.

On a related note, the moment OP resigned from their L1B job, I am fairly certain they needed to leave the country in 60 days or so. It may or may not affect them when they pursue citizenship.

But if I were OP, I would not advertise this and count my blessings in private.

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

#102

Post by Tallain »

TMWNN wrote: post #100
hn_throwaway_99 wrote: post #93

Congrats OP! I'm trying to choose my words carefully, because I don't want to give the wrong impression: 1. I think it's great that OP got the visa, and it's clear (at least to me) that we should be attracting entrepreneurial types like OP to start businesses in the US. I also understand that our immigration system is hopelessly broken, and oftentimes the best one can hope to do is "hack" the system. So I commend you…

>I also understand that our immigration system is hopelessly broken, and oftentimes the best one can hope to do is "hack" the system. Just because something is difficult/time-consuming != "hopelessly broken". (No, kids, the Reason magazine "What Part of Legal Immigration Don't You Understand?" flowchart is not ipso facto proof of this, either.) There is no obligation for the US, or any country, to turn something as i…

When I read "the immigration system is broken," I don't think of the arduous process of filing paperwork. I highly doubt GP was whining about the difficult and time-consuming process of filling out reams of paperwork, especially considering the context of the rest of their post where they talked about exploiting loopholes and the letter of the law to abuse the system. Context is important! No matter how high your horse is.

In any case, the instant you fall just a little outside the prescribed lines is when things start to get hairy. Have a talk with any DACA recipient and you will quickly learn how broken the system can be. Or someone seeking refugee status around the time the annual ceiling is being reached.

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

#103

Post by skynetv2 »

dannyw wrote: post #37

O1 isn’t that hard with a good immigration lawyer. It’s about checking boxes, not extraordinary talent.

You are very much mistaken. I have seen someone go through this and it is very hard. You need to prove your contributions to an area of interest to the US, and that it meets the extraordinary qualification. It is ok to not know but maybe dont make such statements.

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

#104

Post by hn_throwaway_99 »

Tallain wrote: post #102
TMWNN wrote: post #100

Earlier quoted context omitted.

>I also understand that our immigration system is hopelessly broken, and oftentimes the best one can hope to do is "hack" the system. Just because something is difficult/time-consuming != "hopelessly broken". (No, kids, the Reason magazine "What Part of Legal Immigration Don't You Understand?" flowchart is not ipso facto proof of this, either.) There is no obligation for the US, or any country, to turn something as i…

When I read "the immigration system is broken," I don't think of the arduous process of filing paperwork. I highly doubt GP was whining about the difficult and time-consuming process of filling out reams of paperwork, especially considering the context of the rest of their post where they talked about exploiting loopholes and the letter of the law to abuse the system. Context is important! No matter how high your hor…

Thank you, said it better than I would have.

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

#105

Post by TMWNN »

Tallain wrote: post #102
TMWNN wrote: post #100

Earlier quoted context omitted.

>I also understand that our immigration system is hopelessly broken, and oftentimes the best one can hope to do is "hack" the system. Just because something is difficult/time-consuming != "hopelessly broken". (No, kids, the Reason magazine "What Part of Legal Immigration Don't You Understand?" flowchart is not ipso facto proof of this, either.) There is no obligation for the US, or any country, to turn something as i…

When I read "the immigration system is broken," I don't think of the arduous process of filing paperwork. I highly doubt GP was whining about the difficult and time-consuming process of filling out reams of paperwork, especially considering the context of the rest of their post where they talked about exploiting loopholes and the letter of the law to abuse the system. Context is important! No matter how high your hor…

>especially considering the context of the rest of their post where they talked about exploiting loopholes and the letter of the law to abuse the system.

I didn't read the original post that way. If the poster stayed within the rules and—more importantly—immigration officials agreed with his interpretation of the rules, who am I to gainsay their decisions? To put another way, this is why my response was to hn_throwaway_99's comment, not to the original post itself.

>Have a talk with any DACA recipient and you will quickly learn how broken the system can be. Or someone seeking refugee status around the time the annual ceiling is being reached.

Again, you are coming at this from the perspective that something like DACA must exist, and therefore ought to be improved/eased/etc. The a priori argument that a country must accept refugees, and the only answer to the question of "How many?" is "As many as possible". This is the same entitled line of thinking as hn_throwaway_99's declaration that a complex system with many moving parts that operate over a long period of time must therefore be "broken", with the implication that the "fix" must be to make it as close to a one-button process as possible.

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

#106

Post by cqqxo4zV46cp »

skynetv2 wrote: post #101
hn_throwaway_99 wrote: post #93

Congrats OP! I'm trying to choose my words carefully, because I don't want to give the wrong impression: 1. I think it's great that OP got the visa, and it's clear (at least to me) that we should be attracting entrepreneurial types like OP to start businesses in the US. I also understand that our immigration system is hopelessly broken, and oftentimes the best one can hope to do is "hack" the system. So I commend you…

100% agree. Someone I know received an O1 EO visa but they had worked on products that were shipping worldwide for 100s of millions of dollars, filed patents, had advanced degrees, worked at some high profile institutions, had 1000s of citations for their papers, papers published in high profile conferences and journals, and recommendation letters from CEOs, CTOs of high profile organizations from US and abroad. And…

Yep. To look at this a different way: this feels like a fluke, and people should take this n=1 recount for what it is.

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

#107

Post by elevatedastalt »

I find it insane that people think it's a good idea to flaunt how they got these things.

Good for OP that he gamed the system, I have no ill-will for him. But the smart thing to do would be to keep quiet and enjoy the legal status, not write a blogpost showing how flimsily it was obtained.

If I were the USCIS I'd see this as a sign that this whole visa application was made in bad faith.

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

#108

Post by elevatedastalt »

kulor wrote: post #3

Thank you for sharing. It's useful to know that an O-1 is a theoretically viable route. Some serious creativity in using fundraising under the category of "Nationally or internationally recognized awards"

Unfortunately a lot of people show VC funds for their startup to clear that bullet point for O-1 or EB-1a I think the USCIS will wisen up to it pretty soon and plug that hole.

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

#109

Post by dnissley »

elevatedastalt wrote: post #107

I find it insane that people think it's a good idea to flaunt how they got these things. Good for OP that he gamed the system, I have no ill-will for him. But the smart thing to do would be to keep quiet and enjoy the legal status, not write a blogpost showing how flimsily it was obtained. If I were the USCIS I'd see this as a sign that this whole visa application was made in bad faith.

What seems illegitimate about this application?

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

#110

Post by spullara »

hn_throwaway_99 wrote: post #93

Congrats OP! I'm trying to choose my words carefully, because I don't want to give the wrong impression: 1. I think it's great that OP got the visa, and it's clear (at least to me) that we should be attracting entrepreneurial types like OP to start businesses in the US. I also understand that our immigration system is hopelessly broken, and oftentimes the best one can hope to do is "hack" the system. So I commend you…

On the other hand, a lot of O-1 visas are given to models.

https://www.wildeslaw.com/services/immigration/o-1-visas-for...

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