3 ms·

Hi Peter, Could you shed some light about what kind of profile could apply for (and get) an O1 visa? Specifically, if I have a tech company set up in the US th

Hi Peter, Could you shed some light about what kind of profile could apply for (and get) an O1 visa? Specifically, if I have a tech company set up in the US that's pulling some decent revenue, is it worth applying for an O1? What other circumstances come into play against/in favor of this? I've seen a lot of advisors and "influencers" all over the web saying that it's "easy". I don't think that's the case because nothing in US immigration is easy, unless your net worth is like 9 figures, maybe; but if it's not that far-fetched I may consider applying for one. Alternatively, could one sponsor its own H1B visa? I guess the actual underlying question is: if I'm an entrepreneur with a real, solid company based in the US (but I'm not in the US and not a US citizen), what is the best way for me to move there and keep working at my company?

proberts 3y ago
I wouldn't characterize an O-1 as easy but it's often within reach of talented professionals, particularly founders. At the end of the day, the issue is less about the quality of the evidence - although that matters - and more about the existence of evidence that checks at least 3 boxes/criteria. And now, with the recent public announcements from the Administration, O-1 petitions with an AI component have an even greater chance of approval.
- moralestapia 3y ago
  Thank you, I'll definitely give it a shot.
- abra0 3y ago
  Bonus question on O-1: what do you think are the easiest boxes to check for a talented professionals in AI? High salary and critical capacity for established organizations are a given, but what else?
  - marymkearney 3y 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.)
- marymkearney 3y ago
  Hi. I'm a colleague of Peter's who specializes in O-1 / EB-1A cases. I have a special interest in tech and engineering. Peter's nailed it here as usual. The key to "extraordinary ability" is to collect and present high-quality evidence, tailored to fit within the 8 rigid, archaic categories that qualify you for O-1 / EB-1A. That's much more important than being a "genius." This sounds painful (and it can be), but it's also liberating. Knowing that USCIS is looking for exacting compliance with the checklist, means that you can give them lots of what they want: Exacting compliance with the checklist! Based on the information you've given here, it sounds like you could be quite close to qualifying for an O-1. It's become a fairly standard route for non-US founders. It's a great option, much better than H-1B for almost all use cases.
Swizec 3y ago
I have gotten two O1's and then the greencard version (EB2). It isn't easy in the "not a lot of work" sense, it's easy in the "not random" sense. If you put in the work (that also helps your career), tick off the required boxes, and present the evidence correctly, you will get the visa. But yes an O1 takes a shitload of work.
- upupupandaway 3y ago
  Exactly the same situation here. Agree 100%.
- dilyevsky 3y ago
  I think gc equivalent for o-1 would be eb1. I got eb2 with just a masters degree
- marymkearney 3y ago
  Hi, huge Swizec fan here. I've been following your extraordinary-ability story since 2016. It's an amazing, inspirational, funny saga about the work and perseverance required to get this done. Hope it's OK to share these here: https://swizec.com/blog/how-i-got-a-visa-normally-reserved-for-nobel-laureates/swizec/6767 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/sponsored-genius-visa/swizec/8612 https://swizec.com/blog/how-i-used-indie-hacking-to-sponsor-my-own-greencard/ 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.
mingyeow 3y ago
How about a blockchain founder?
- marymkearney 3y 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.
  - marymkearney 3y 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.

proberts 3y ago

I wouldn't characterize an O-1 as easy but it's often within reach of talented professionals, particularly founders. At the end of the day, the issue is less about the quality of the evidence - although that matters - and more about the existence of evidence that checks at least 3 boxes/criteria. And now, with the recent public announcements from the Administration, O-1 petitions with an AI component have an even greater chance of approval.

moralestapia 3y ago
Thank you, I'll definitely give it a shot.
abra0 3y ago
Bonus question on O-1: what do you think are the easiest boxes to check for a talented professionals in AI? High salary and critical capacity for established organizations are a given, but what else?
- marymkearney 3y 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.)
marymkearney 3y ago
Hi. I'm a colleague of Peter's who specializes in O-1 / EB-1A cases. I have a special interest in tech and engineering. Peter's nailed it here as usual. The key to "extraordinary ability" is to collect and present high-quality evidence, tailored to fit within the 8 rigid, archaic categories that qualify you for O-1 / EB-1A. That's much more important than being a "genius." This sounds painful (and it can be), but it's also liberating. Knowing that USCIS is looking for exacting compliance with the checklist, means that you can give them lots of what they want: Exacting compliance with the checklist! Based on the information you've given here, it sounds like you could be quite close to qualifying for an O-1. It's become a fairly standard route for non-US founders. It's a great option, much better than H-1B for almost all use cases.

Swizec 3y ago

I have gotten two O1's and then the greencard version (EB2). It isn't easy in the "not a lot of work" sense, it's easy in the "not random" sense. If you put in the work (that also helps your career), tick off the required boxes, and present the evidence correctly, you will get the visa. But yes an O1 takes a shitload of work.

upupupandaway 3y ago
Exactly the same situation here. Agree 100%.
dilyevsky 3y ago
I think gc equivalent for o-1 would be eb1. I got eb2 with just a masters degree
marymkearney 3y ago
Hi, huge Swizec fan here. I've been following your extraordinary-ability story since 2016. It's an amazing, inspirational, funny saga about the work and perseverance required to get this done. Hope it's OK to share these here: https://swizec.com/blog/how-i-got-a-visa-normally-reserved-for-nobel-laureates/swizec/6767 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/sponsored-genius-visa/swizec/8612 https://swizec.com/blog/how-i-used-indie-hacking-to-sponsor-my-own-greencard/ 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.

mingyeow 3y ago

How about a blockchain founder?

marymkearney 3y 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.
- marymkearney 3y 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.