marymkearney

Joined 10 years ago

Karma
645
Submissions
192
Member since
Mar 5
O-1 and EB-1A "extraordinary ability" visa template for engineers. | https://visabuilder.com | [email protected]
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Recent submissions

Comment · 2 years ago
Comment · 2 years ago
Yes, this! I just posted about forums before seeing your comment. As I recall, on some forums it's possible to decide whether to "appear" as your username, or lurk incognito. Yours sounds cool.
Comment · 2 years ago
The old-fashioned bulletin-board forums, circa 2006, are very effective at creating this sense of parallel play. At the bottom of the screen there's the list of who's browsing, so you can engage with folks on threads, or just lurk. You get a pleasant sense of community, with as much or as little engagement as you like.
Comment · 2 years ago
You're most welcome. $2M in patent revenue, plus ~25 publications, is a solid foundation for an industry (non-academic) O-1 or EB-1A, which Peter specializes in. Proceed with confidence, and happy case-building!
Comment · 2 years ago
Addendum: This "1-page elevator speech," specifically voiced for your USCIS examiner, can pay handsome dividends for any complex specialty, in the form of a quick O-1 / EB-1A approval. Not just blockchain, but crypto, all AI and ML specialties, platform integration, big databases, programming languages, data science, anything that requires effort to explain to a layperson audience.

Explain it to: Your dad. Your 14-year-old-kid. Your non-tech investor. Your CEO. Your spouse. Your best friend.

We're seeking that "AHA moment" where they go: "Oh! THAT's what you do? That's really cool!"

If you've lined up all your evidence correctly, that AHA moment, is the moment you win your case.

Comment · 2 years ago
Hi. If you marry, you'd qualify for the O-3 spousal visa, which allows you to live in the US, but not work in the US. It's a significant drawback to the otherwise robust O-1 work permit.

You could also look into options for her EB-1A green card, which includes a derivative green card for the spouse. I'd consult a qualified immigration attorney re the timing and filing procedures. It's a great choice, but it can be tricky to sequence it correctly.

If not married, you'll need your own independent work permit to live and work in NYC.

Comment · 2 years ago
$2M in patent revenue, plus publications with buzz of 25+ citations? That's a solid foundation for an industry (not academic) O-1 or EB-1A. Full steam ahead.
Comment · 2 years ago
Hi, agree this is a nuanced area. I can comment generally on how other founders have threaded this needle. The IEP isn't a very mature or robust alternative at present.

As you know, the H-1B category is quite strict in permitting paid work only for the H-1B employer-petitioner. It prohibits paid freelancing of any kind, including driving an Uber, running a paid Substack, working for an overseas employer, and monetizing your side project. That's the bright line you start with.

So, Step 1, what can you do with your side project that keeps it in the realm of a hobby, while in H-1B status? Probably quite a lot. You can test and perfect how the thing runs. You can polish the user interface. You can talk to your target audience, every day. You can immerse yourself in how they describe the needs, hopes, fears, etc., that your product addresses. You can set up a special-interest website for it (but not on Shopify).

IOW do it for fun, not for money, at first. Take it as far as you can in the special-interest realm. Get all the "hobbyist" moving parts working together.

Step 2, start building your O-1 visa evidence portfolio, at the same time. Pick a niche, related either to your side project or your job, and become a subject-matter expert in that thing. Publish, do podcasts, get interviewed, do open-source, attract some "sustained acclaim." As long as you don't get paid, it's perfectly consistent with H-1B status to become an influencer in your niche specialty.

Step 3, when your product's ready to monetize, you'll also be ready to incorporate, have your company sponsor you for your O-1 visa, and have an O-1 evidence portfolio ready to go. Alternatively, present yourself and your product to an accelerator, O-1 portfolio in hand.

Check out the links in the "Swizec" comments above. Swizec didn't have an H-1B, as I recall, but he's absolutely cracked the code on how to build your own O-1. And with an O-1 portfolio already built, you'll have many, many options for moving forward.

Long answer to short question. But it's a great question! I hope this framing might help others who are tackling this challenge also.

Comment · 2 years ago
Hi, yes, something along those lines. E-1 or E-2 can be good options. Or, for example, open a US branch of your existing company, then have your company sponsor you for an O-1 or L-1 visa.
Comment · 2 years ago
Comment · 2 years ago
Comment · 2 years ago
Hi, if you have enough business track record to assemble an E2 package, then it's likely you'd be a good candidate for O-1 also.
Comment · 2 years ago
Yes, certainly. Same requirements as other industries and occupations. And the same challenges: Fitting your 2023 accomplishments into the rigid required elements of the 1991 USCIS categories.

One especially helpful force multiplier here, would be to practice writing out a simple one-page description of your industry and your job. Like a little elevator pitch, that's easily grasped in a minute or two, by a time-pressed layperson USCIS examiner. You're basically explaining blockchain at a 9th-grade reading level.

This is hard! It can take a lot of iterations and analogies. But it adds a ton of value, when the examiner can grasp right up front what you do and why you're special.

Comment · 2 years ago
Comment · 2 years ago
Hi, yes those two, for sure. And certainly add "original contributions of major significance." AI specialties are generating "original contributions" thick and fast right now for engineers and data specialists.

"Original contributions" is the foundational category for a tech or engineering case anyway. And trending specialties like AI are well-placed to develop solid evidence in this category.

I'd also add the publications and judging categories. These are easy-win categories that are evaluated with a more lenient standard than the other 6. They're also a great way to attract "sustained acclaim" by building a reputation as a thought leader in your field.

Note that the "field of endeavor" for these 2 categories in private-industry cases is industry publications, presentations, podcasts, broadcasts, and events, NOT academic publications or citation counts. (All these industry activities "count" as publications.)

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