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It seems the lawyers suggested going for an EB2, but that looks set to take 3-4 years. Is there anything you’d recommend?
Thanks!
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I can't comment on that but the issue here is what constitutes work and actively participating in YC doesn't even if this participation results in benefit to a company.
Participating in YC isn't work? Isn't it a startup accelerator for teams to grow their business? Isn't growing one's business work?
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Participating in YC isn't work? Isn't it a startup accelerator for teams to grow their business? Isn't growing one's business work?
Work in the context of immigration means participating in the local economy. A person visiting SF to attend YC is not working for a U.S. company, they are not participating in the local economy, they’re on a business trip conducting business.
They very well could be. And it could be a US company with US investors (YC)
Hi Peter, Asking for someone else: is the NIW category still backlogged? If the goal is to get a green card within the STEM-OPT extension timeline of 2 years, for someone who has very high achievements that fit either NIW or EB1A categories, which of these is likely a better option? I'm hearing some rumors that NIW can happen faster these days. Thanks!
The NIW (EB2) category is still backlogged and the standard as applied by USCIS has changed significantly and I would argue now isn't much easier than the EB1A, which used to be one of the reasons to pursue an NIW. With the changing standard and the worsening backlogs, the EB1A is the much better option, although a higher standard, and probably worth aggressively pursuing.
To everyone else: I've worked with Peter before and he's the real deal, and a pleasure to work with.
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Work in the context of immigration means participating in the local economy. A person visiting SF to attend YC is not working for a U.S. company, they are not participating in the local economy, they’re on a business trip conducting business.
> A person visiting SF to attend YC is not working for a U.S. company They very well could be. And it could be a US company with US investors (YC)
How does USCIS look to someone who is applying O1 visa directly from F1 (no opt/cpt). I have raised some VC money and have number of extraordinary achivements in the past.
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The O-1 is a high standard but it's less about overall achievement or standing (like the EB1A green card category) and more about meeting specific criteria, which many talented professionals and founders do. I would recommend reviewing the O-1 criteria (they're listed on USCIS's website, www.uscis.gov) and then having an immigration attorney evaluate your background. People are often surprised that they meet the O-1…
One of the qualifications is "Evidence that the beneficiary has either commanded a high salary or will command a high salary or other remuneration for services as evidenced by contracts or other reliable evidence" How does a startup founder go about proving this? They don't have quite the "high salary" and get paid in equity. What have you seen here? How do founders quialify for this part?
What sort of people get O-1 visas? I assume it is people with multiple degrees and have decades of experience in a specific field? I am good at what I do, have done public speaking at major conferences on what I do but no degree and so assume that i've no chance of ever getting into the USA. Currently a UK citizen living in Ireland.
There's a list of qualifying criteria on the USCIS website. You have to satisfy at least three out of the eight or so. The issue is it's a bit subjective, a lawyer writes down how you qualify and some random government employee has to believe what the lawyer wrote. If you receive a RFE or rejection, all your dealings with USCIS will face extra scrutiny in future. So it's a bit of a gamble.
RFE's and rejections don't cause problems by themselves. A denial can cause problems if the reason for denial is fraud or misrepresentation.
What sort of people get O-1 visas? I assume it is people with multiple degrees and have decades of experience in a specific field? I am good at what I do, have done public speaking at major conferences on what I do but no degree and so assume that i've no chance of ever getting into the USA. Currently a UK citizen living in Ireland.
My dance instructor, who has won an international championship, is here on an O-1B. However, his 3 year initial eligibility is coming due, and the processing times for the 1-year extension is looking like it's going to take longer than 1-year! According to Wikipedia, Justin Beiber is here on an O visa, I wonder how his gets processed.