Unless I’ve misunderstood something, a phd holder who has published papers and worked in tech/banking/etc with a high salary can get that kind of visa ?
Either conditions are typically sufficient, not necessarily both. Still, O-1s still have significant limitations. You can only work for the employer who sponsored you, for example. That means no additional freelancing.
How I got an O-1 visa as a software engineer
51–60 of 209 posts
Re: How I got an O-1 visa as a software engineer
#52Earlier quoted context omitted.
There may be "millions of people" doing this, but they are running street carts and house cleaning services, not tech companies.
You are wrong. Only from personal experience. I have an informal waiver from ICE right now, and I'm running a tech business, but I'm deportable and would ordinarily be in immigration jail except I'm in a sanctuary state.
Re: How I got an O-1 visa as a software engineer
#53Earlier quoted context omitted.
Either conditions are typically sufficient, not necessarily both. Still, O-1s still have significant limitations. You can only work for the employer who sponsored you, for example. That means no additional freelancing.
> You can only work for the employer who sponsored you, for example. Nice, just like in the good old days with serfs and feudal lords.
Re: How I got an O-1 visa as a software engineer
#54Earlier quoted context omitted.
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.
As an illegal, the biggest problem is.. how would I get ID with matching photo that I can use to sign up for web sites? A huge amount of web sites now want to ID verify with government ID and selfie. I have to get other people to do this for me.
Re: How I got an O-1 visa as a software engineer
#55I have a dumb question but how often do tourist visa overstayers get deported while running their own business under an incorporated ITIN? There's not even an I-9 check for non-employee income. There's got to be millions of people doing something like this or as 'independent contractors' considering how trivial it is and the obvious completely broken immigration system that demands these kinds of hacks.
Or are there just billions of Indian and Asian people?
Re: How I got an O-1 visa as a software engineer
#56Earlier 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.
What makes it not a visa? It's permission to enter the U.S., that's what a visa is, isn't it? Also, I that's it's pretty common to call it that: https://en.wikipedia.org/wiki/EB-1_visa But yes, the majority of recipients get them because they're managers at big companies.
Re: How I got an O-1 visa as a software engineer
#57Earlier quoted context omitted.
As an illegal, the biggest problem is.. how would I get ID with matching photo that I can use to sign up for web sites? A huge amount of web sites now want to ID verify with government ID and selfie. I have to get other people to do this for me.
California does not require proof of legal status to get a driving license. I think the license is just eligible in California afterwards. I had one for a while while I was waiting for my visa to be processed.
Re: How I got an O-1 visa as a software engineer
#58Earlier quoted context omitted.
That’s false. You can apply for EB visas from outside the US. After the approval of the I-140 (application for employment-based visa), instead of “adjustment” of your visa status in the US, you perform immigrant visa processing at your local consulate to get your green card. You can still travel after filing the I-140 but not after filing the I-485 (adjustment) without advance parole.
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.
Is this section of the U.S. code talking about EB-1s when it says "Visas shall be made available," and, if not, what is it talking about?
Re: How I got an O-1 visa as a software engineer
#59Earlier quoted context omitted.
Either conditions are typically sufficient, not necessarily both. Still, O-1s still have significant limitations. You can only work for the employer who sponsored you, for example. That means no additional freelancing.
> You can only work for the employer who sponsored you, for example. Nice, just like in the good old days with serfs and feudal lords.
I can't tell if you're being sarcastic or not.
Serfs were largely agricultural workers bound under the feudal system to work on their lord's estate. Foreign workers aren't serfs. They're not bound to a particular estate, nor do they typically execute agricultural work. They have the right to collectively bargain their salary, working conditions, and benefits. They are free to resign their position and leave the country.
The O-1 visa is a temporary worker visa. The expectation is that folks on a temporary work visa work temporarily. That is, there is no intent to immigrate.
You are also not bound to a particular employer. You're only bound to that employer on that visa instance. You can, if you like, apply for another O-1 visa sponsored by a different employer.
There are, in some cases, restrictions on work even for folks that have the right to work and live in the US. For example, if company A contracts out work to company B, it is often not permitted for company A to offer workers at company B full-time positions at company A because of the existence of the contract. If someone freelances for company A they often can't also hold full-time positions at a competitor to company A. Is this feudalism? Of course not.
TL;DR: Freedom to work does not imply or mean, "I can do whatever work I want for whoever I want." There are rules, regulations and laws present for a reason. We can debate whether or not those reasons exist in good faith, but equating "I can only work for one specific employer on a temporary work visa" to serfdom is awfully disingenuous, in my opinion.
Re: How I got an O-1 visa as a software engineer
#60Glad you made it OP, congrats! As an immigrant in the US I went through the "Extraordinary Ability" path and the process was a journey of pain and anxiety. Many roundabouts with a lawyer that promised me expertise in the process and it ended up with a NOID (Notice of Intention to Deny - something like that) from USCIS. My wife and I had to study the USCIS manual page by page and re-wrote almost all documentation from…
I became a citizen without an attorney and from start to finish it was about 5 years... Different process used though (got married).
Got a pile of paper about 2 inch high from all the forms I had to fill, mail that I sent and received, etc... Painful process.