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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

#81

Post by x86x87 »

paxys wrote: post #40
js2 wrote: post #27

Earlier quoted context omitted.

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.

It wouldn't be the first government website with confusing wording. They call it visa, but practically "EB-1 visa" = green card. There's no intermediate stage between the two. There's no sticker on your passport that says EB-1. You can't use your EB-1 status to enter the country or work or anything else. EB-1 simply means that you jump to the front of the line to get a green card.

even more. there is no difference in the process (as far as how the process works, not time spent waiting) between EB1, EB2, EB3.

Also, calling it a visa is misleading. The Green Card gives you the right to reside here permanently and you don't need any visa once you have it. So it's not a visa, and even if it was a visa it would be the Green Card that would be called out, not the bucket through which you get it.

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

#82

Post by x86x87 »

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.

I don't want to fight in the semantics dome, but they do not.

> 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.

the employment-based, first-preference visa they are talking about is the green card. they were also lazy and did not update the wording

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

#83

Post by x86x87 »

CobrastanJorji wrote: post #15
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.

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.

so, by this criteria, a US passport is a visa? i mean it does give you the permission to enter the US?

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

#84

Post by jacknews »

I mean well done to the OP for getting their visa, but the whole thing reads like they gamed the system, which is clearly intended for people at the top of their fields, talented researchers, innovators, etc. And the 'outstanding ability' in this case is being put towards an 'immigration software' startup, ie helping others game, uh, navigate, the system, so the whole thing seems quite ironic.

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

#85

Post by tristor »

j7ake wrote: post #75
hasty_pudding wrote: post #55

Earlier quoted context omitted.

Is the immigration system broken? Or are there just billions of Indian and Asian people?

There are 750 million Europeans , and maybe 4.5 billion Asians (6 times more in Asia than Europe). But the wait and difficulty is much more than 6 times if you’re Asian versus if you’re European.

Do you think that might have to do with relative demand, because most Asians would prefer to emigrate elsewhere, and most Europeans would not? If you combine with that the relative population differences, it creates a striking demand curve.

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

#86

Post by rmbyrro »

qingcharles wrote: post #43
paxys wrote: post #33

Earlier 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.

Why would you live illegally in the US if you run a tech business?

I mean, you can sell tech services to the US market living anywhere legally!..

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

#87

Post by Aspos »

101008 wrote: post #20
wil421 wrote: post #16

Earlier 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.

I can imagine this being true but at the same time it's so weird. I tried to open an account with Chase and Bank of America and they ask me for SSN, and I can't get one because I am from outside the US (I just want to get one to have my freelance money in an actual bank and not Paypal/Payoneer/an app). There are companies that provide a LLC with a SSN for just a fix payment of $400, but I am sure it comes with a lot…

BofA happily opens accounts for those with no SSN as long as they show up with somebody who has. And a person with a driver's license and SSN must confirm that the customer resides with them.

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

#88

Post by paxys »

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.…

You are allowed to remain in the country for up to 60 days after your employment ends. The author doesn't mention how long they stayed, but it is possible that the "exploratory work" was done within that period.

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

#89

Post by paxys »

j7ake wrote: post #75
hasty_pudding wrote: post #55

Earlier quoted context omitted.

Is the immigration system broken? Or are there just billions of Indian and Asian people?

There are 750 million Europeans , and maybe 4.5 billion Asians (6 times more in Asia than Europe). But the wait and difficulty is much more than 6 times if you’re Asian versus if you’re European.

Now run the same numbers but looking at just visa applications instead of the entire population of these regions.

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

#90

Post by throwaway1507 »

rmbyrro wrote: post #86
qingcharles wrote: post #43

Earlier quoted context omitted.

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.

Why would you live illegally in the US if you run a tech business? I mean, you can sell tech services to the US market living anywhere legally!..

Please, tell me how to do this. My (SW dev) business so far relies heavily on personal relationships built over long periods of time. I wasn't able to find any other way. I don't have much disposable income for online marketing professionals and ads (I had but it all went to waste).
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