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What seems illegitimate about this application?
probably the lack of extraordinary ability
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> 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. So, really we should hate OP and probably ensure that his current visa gets voided through all legal means, hand him the NOIR he deserves, and then someone who actually deserves it can live in the US.
Huh? Are you suggesting that OP is a net negative to US experience? The whole system is basically one big yea or nay on whether someone can stay in the US. OP looks like a pretty easy yea for any country. Maybe he didn't get that yea through a black letter reading of the law, so what? The visa-issuers think it is fine. The outcome is good. So in this case the system could be said to be working. Although the US visa s…
This is what you are suggesting.
Further, "net negative" means nothing when talking about O-1 visa, which is quite literally a game to get very impactful people into the US. Being "net positive" is not enough.
> Maybe he didn't get that yea through a black letter reading of the law, so what? The visa-issuers think it is fine. The outcome is good. So in this case the system could be said to be working.
Investigators can make redeterminations. That is why a bunch of people do get booted out of these visa programs, and should. You do not stop being judged upon receiving a visa. A system that rubber stamps "yes" to a problem in 100% of cases where 99% is cost efficient, but it is not a system that works. That system needs to account for bad data, and should issue "no" when it matters.
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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.
It's short-sighted nonsense that undocumented immigrants can't get SSNs. They should be issued SSNs and pay taxes as usual. They are working, and the IRS should be collecting taxes, nothing more, nothing less. If they aren't paying taxes, someone else has to make up the difference. Likewise I want them to get licenses if they can pass the driving laws test, and should be able to get insurance. I don't want to be hit…
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…
Few counterpoints
> and oftentimes the best one can hope to do is "hack" the system
None of this is "hacking". This is how it works and supposed to work in the law. The manuals given to USCIS agents who handle this are at best low grade pen pushers. They have zero understanding of the work they are doing and are not qualified to make these decisions in any way. The way they work is through checklists and unless you pass this checklist your intent and what you are has zero relevance.
When you go deep into why these laws were created and why these specific regulations exist, you will find out that the lawmakers totally intended this. For example, it is ridiculously easy for a model who has even occasionally walked the ramp to "hack" the system. This was created so escorts, supermodels and side chicks of rich and powerful could be brought in easily on O1. One such lady even ended up in white house.
> It seems pretty apparent that while OP may be able to "check some of these boxes", he, at least to me, doesn't meet the "Extraordinary Ability" intent of this visa. I worry that with more spotlight on these types of applications that various political movements would try to tighten the loopholes for this visa.
You are not in charge of deciding who is extra ordinary, USCIS agent is. I bet if you were in charge of making such decisions you would do a better job and actually let in 10x more people. But that is not the way it is. USCIS agent makes the decision based on a relatively very objective criteria.
> To expand on number 2, raising 98K from family, friends and seed investors really does not strike me as a "nationally or internationally recognized award".
It does not "strike to you" is irrelevant. What matters is is it will within the USCIS's defition.
Congrats to OP for writign this piece and I hope more and more people use these sort of systematic approach.
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...
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…
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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.