How I got an O-1 visa as a software engineer • Hacker News Board

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

#121

Post by returningfory2 » Sat, Jan 27, 2024, 1:15 AM UTC

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…

> 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.

Just a technical note that it won’t affect them at all. When you apply for an employment based green card you can actually have arbitrary amounts of “unlawful presence” before your most recent admission to the US. The Immigration and Nationality Act explicitly allows it. The challenge is generally recentering the US after being here unlawfully, but it seems OP already did this on their new O-1.

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

#122

Post by returningfory2 » Sat, Jan 27, 2024, 1:18 AM UTC

elevatedastalt wrote: post #108

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.

I suspect USCIS is consciously allowing it. They have large amounts of discretion and the President can generally get USCIS to exercise this discretion to fit some policy goal. Under Trump it was making it harder to be an immigrant; under Biden it’s making it easier to be an entrepreneur specifically.

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

#123

Post by elevatedastalt » Sat, Jan 27, 2024, 1:18 AM UTC

angarg12 wrote: post #79

> 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.…

A lot of people do questionable things like this with some hand-waved legal reasoning. Most are lucky that it doesn't bite them in the ass. But I know of cases where it did.

For eg. someone I know of was banned from entering the US for 10 or so years because he worked on his startup under a B1 visa.

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

#124

Post by dappermanneke » Sat, Jan 27, 2024, 1:25 AM UTC

dnissley wrote: post #109

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?

probably the lack of extraordinary ability

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

#125

Post by fooker » Sat, Jan 27, 2024, 1:48 AM UTC

petronio wrote: post #98

ceejayoz wrote: post #44

Earlier quoted context omitted.

Documented immigrants will get a ITIN and/or EIN. Undocumented immigrants are far more likely to go the... undocumented route.

Undocumented immigrants can get an ITIN, and many do. A lot of the time the ITIN will be used where it's allowed (opening bank accounts) and a counterfeit social security card where it's not (applying for employment).

Wouldn't that, by definition, turn them from undocumented to documented?

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

#126

Post by x86x87 » Sat, Jan 27, 2024, 1:54 AM UTC

returningfory2 wrote: post #32

x86x87 wrote: post #25

Earlier quoted context omitted.

There is no such thing as EB visas. While your greencard is processed you can indefinitely renew your current visa (eg HB1 you get it for 3 years and can renew only once, with application pending you can keep renewing it). Also, Green Card has different stages with their own limitations PERM -> I140 -> I485 -> green card.

The US Department of State has a webpage literally called "Employment-Based Immigrant Visas": https://travel.state.gov/content/travel/en/us-visas/immigrat... It's not common for people with no prior connection to the US get one of these, but it is 100% possible. You can look up statistics on the number of employment green card visas issued here: https://travel.state.gov/content/travel/en/legal/visa-law0/v... In the P…

you're missing the point. the immigration "visa" is actually the green card. while your greencard, under EB-X category is processing, you still need a "proper" dual-intent visa like HB1.

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

#127

Post by elevatedastalt » Sat, Jan 27, 2024, 2:03 AM UTC

skynetv2 wrote: post #103

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.

I mean you are literally commenting on a thread about a blog post where someone got it despite having any "extraordinary ability" in the generally understood sense of the term.

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

#128

Post by elevatedastalt » Sat, Jan 27, 2024, 2:05 AM UTC

js2 wrote: post #27

x86x87 wrote: 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.

USCIS calls it a visa in the first sentence: https://www.uscis.gov/working-in-the-united-states/permanent... You may be eligible for an employment-based, first-preference visa if you are a noncitizen of extraordinary ability, are an outstanding professor or researcher, or are a certain multinational executive or manager.

There is a difference between what USCIS calls a Visa and what the rest of the world actually means when they say a Visa.

For eg. Green Cards (== aka Permanent Residency, which no one in their sane minds calls a Visa), are actually issued against what USCIS calls a "visa number".

So OP is correct that O-1 is a visa (as that word is understood generally in the world), and EB-1A is a category of Employment Based Permanent Residence filing.

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

#129

Post by elevatedastalt » Sat, Jan 27, 2024, 2:07 AM UTC

x86x87 wrote: post #13

ahussain wrote: 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.

EB1c is trivial because of the manager route but with many WITCH companies exploiting it, they might change things in the future.

Eb1a is the tough category they are talking about.

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

#130

Post by lmm » Sat, Jan 27, 2024, 2:11 AM UTC

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…

> 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.

DACA is an exception for people who were already in violation of the law, no? So even if that subsystem is inconsistent, unreliable, or totally nonfunctional, it wouldn't be a reason to say the system as a whole is broken.

> Or someone seeking refugee status around the time the annual ceiling is being reached.

Refugee status is meant to be a last resort for people who flee in fear for their lives. For people who legitimately need it, it's ok if the process is slow or unclear as long as it's safe (frankly, the process of granting refugee status should be slow and cautious; if the system allows economic migrants to gain an advantage by claiming a refugee status that they're not entitled to, that makes the whole system worse for everyone). The system would only be broken if legitimate refugees were getting sent back into places where their lives were in danger.