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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

#111
post #22
post #18

Earlier quoted context omitted.

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.

It's trivial compared to waiting 15 years for your EB-2 to be processed.

Make that 105

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

#112

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...

And there is a specific criteria to meet to qualify for this visa. Actors also have their own list of requirements. Not every model or actor will qualify.

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

#113
Thanks for talking publicly about this. Thousands of interesting people take this route (also, me) but not many blog about it.

My lawyers originally described this category as "for internationally recognized people such as Nobel prize winners". That seemed a bit out of my league. But they issue 13k O-1 visas per year, so it's really the top (in some sense) 13k people who want to immigrate to the US each year. So I applied and got it.

The annoying part is that it demands legible recognitions: awards the immigration officers have heard of, and recommendation letters from people with Titles in Organizations they've heard of. But they seem to know something about the STEM world. They know about the International Math/Physics/Chemistry Olympiads, and the ACM Programming Contest, good universities, and reputable tech investors.

If I can offer a tip, it's the following. You know what's impressive in the STEM field. The immigration officer also has some experience of what's impressive. Your lawyer has the least idea of the 3 of you. So don't be diffident or self-deprecating with your lawyer! You have to tell them what you've accomplished and how notable each thing is.

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

#114
post #105

Earlier quoted context omitted.

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_throwaw…

The 1951 UNHCR convention [1] would like to disagree that only an entitled line of thinking presupposes rights of refugees.

[1] https://www.unhcr.org/about-unhcr/who-we-are/1951-refugee-co...

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

#115

> May 2022 - Left my SWE job at Wave and incorporated my own startup called Path (a Delaware C corp) I was permitted to remain in the USA, since I was not employed by Path yet. My understanding is that it is permissible to do exploratory work on a new startup as long as you are not employed by that startup, and your previous visa has not expired. It was during this time that my cofounder and I raised money for Path.…

[deleted]

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

#116
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.

Well I do know, and I have close associates with very mundane qualifications, masters from non T50 school in a CS related but not CS field, working for non-FAANG large corporation as "senior" (think 2-3 yr exp) IC with good legal of course that obtained an O-1. I also know those with T30 masters degree, much more impressive on paper but working for at the time some dumb startup that were denied. They are now doing something extraordinary outside the country.

Sorry but the definition of extraordinary qualification is very capricious to make the claim about it being "hard" a bit meaningless. There are a lot of factors, but it isn't necessarily hard to obtain.

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

#117

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.

There's a difference in flaunting and explaining or sharing. They've just laid out the steps they took in a clear manner and provided information about it all, assuming it might help other people in the same situation. They're not saying something like "I cheated the system and here's how" or "Look at how smart I am because of what I did".

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

#118
post #100

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…

I think the hopelessly broken is referring to things like a 50-70 year waits for qualified people to get a green card if they're born in india, or stuff like it taking 1-2 years for someone married to a us citizen to be allowed to join their spouse in the country (and there's a decent chance they'll be denied a visitor visa to see their spouse during the wait) and the situation is even worse if you have a green card and marry a non-us citizen.

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

#119

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.

There's a difference in flaunting and explaining or sharing. They've just laid out the steps they took in a clear manner and provided information about it all, assuming it might help other people in the same situation. They're not saying something like "I cheated the system and here's how" or "Look at how smart I am because of what I did".

I would liken it to tax evasion. It's not illegal, and I absolutely don't mind people doing it. But I'd not publicize it or write a whitepaper on how I am doing it.

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

#120
I was going down a similar route in Australia but we were able to get my permanent residency without having to use the Distinguished Talent Visa.

I'm surprised the US requirements would be so low as to accept a $100k investment as an award.

For most people, this is probably not the way to go, we were using it as a potential last resort.

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