marymkearney
Joined 10 years ago
Joined 10 years ago
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.
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.
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.
There's an EB-1A template that works much better for proving extraordinary ability for industry accomplishments. It's just not well-known or publicized.
If you have open-source commits and users for your products, then you're well on your way to a successful EB-1A portfolio.
The "academic EB-1A" template is such a universal pain point for tech founders and engineers, that I just launched an online course (my first! yay) on this topic. It explains how to structure O-1s and EB-1As for industry tech and engineering specialties, not academia. https://pro.visabuilder.com/tech-toolbox-product-page
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.
https://swizec.com/blog/how-i-got-a-visa-normally-reserved-f...
https://swizec.com/blog/sponsored-genius-visa/swizec/8612
https://swizec.com/blog/how-i-used-indie-hacking-to-sponsor-...
Congratulations to you, sir. This is how you do it. Thanks for sharing your epic journey! I'm glad it paid off.
"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.)