4 ms·

The EB visas are basically identical to the O visas, except for two differences: 1) the requirements are slightly more stringent, and 2) they are considered imm

by kenneth 13y ago

The EB visas are basically identical to the O visas, except for two differences: 1) the requirements are slightly more stringent, and 2) they are considered immigrant visas, as opposed to non-immigrant. ie., they are green cards. That said, I agree with you that the O1 was not a perfect fit for my situation, though I did end up receiving it, while being denied the EB-1. But I would challenge you to name another visa which would be more appropriate and give me a better shot. Consider the fact that while I was critical in creating a large business, I also did not have a completed college degree, or any capital of my own to invest in the US.

auganov 13y ago
Could you share more? Basically what key tips would you give to a person trying to get it? Which 3/more of the 8 requirements did you base your application on?
- SeoxyS 13y ago
  My key tips would be as follow, in order of importance: 1. Get a good lawyer who puts your interests first. (Not your investor's or your employer's.) 2. Make yourself as visible as your can, even if it's not necessarily your comfort zone. Get on conference panels. Get into print newspapers as much as possible. Aim for old-style print newspapers: WSJ, NYTimes, and other national papers are great. Get into the print edition, not just on their websites. 3. If your company employs a PR firm, make sure they work for you. Have them prepare statements where you're the name attributed to the quote. Have them fight to get into conference panels. It's all bullshit, but it looks impressive when printed as documentation on a case file.
  - HistoryInAction 13y ago
    Strong underline for the old-style print newspapers. But look to Brian X. Chen at NYT, Evelyn Rusli at WSJ who cover tech, even if it's just online. Keep in mind that the reviewing bureaucrats at USCIS have NEVER heard of TechCrunch, just like most of us have probably never heard of Politico (or read it often if you have). Don't shoot yourself in the face by mocking the process in the process: To get the visa, Mr. Vine and his co-founders at Zirtual, a business that connects people with personal assistants through the Internet, invented the position of corporate wellness director, suited to Mr. Vine's bachelor's degree in kinesiology. "My application for the H-1B is different from my actual role at the company," Mr. Vine said. "We've actually had to spin a tall tale because of the difficulty of applying." http://online.wsj.com/news/articles/SB10001424052970204707104578095372710657846 http://online.wsj.com/news/articles/SB1000142405297020470710... (might be behind paywall but search "Startup Visas Get New Push" and the closing quote from Collin Vine of Zirtual)
isalmon 13y ago
In some cases it might make sense to do H-1b -> EB2 to get things done faster. You don't even need a visa to get your employment based green card actually, so you can start both processes at the same time. Of course each case is unique, I hope your lawyer made the right choice given the circumstances.
- levosmetalo 13y ago
  Sorry, but H1b is so broken and horrible that many people won't even consider it. It puts you in a very bad and stressful situation to practically put your destiny in the hands of one employer/person for a couple of years. If H1B is the only realistic option for you, then just forget about USA and go to any European country with sane immigration system.
  - stickydink 13y ago
    Are you sure about that? I got my H1B in 2012, it was almost completely painless. I was straight out of university, we applied in October '11, and I received my visa in January. It's fairly straightforward to move to a new employer on a H1B, it just has to be the same level of job. You can start working for your new employer on the date you file, and it takes 4-8 weeks to complete. I'm now close to an EB2 GC which, when complete, will have taken a total of about 18 months from me saying to my employer "I'd like a green card", to me and my wife having one. I'm an engineer at a <20 employee start up, 24 years old. There are aspects of the immigration system that I have found pretty backwards; mostly that a H1B spouse (H4) cannot work. But in general, it's treated me pretty well. I've read plenty of H1B border horror stories online. But having flown from Europe to the US over 20 times in the past 3 years, I haven't had more than a polite 90 second conversation with a CBP officer on the way in. This is all speaking from someone who came from the UK. I know there are separate queueing systems for some visas for residents of certain countries, so I can't speak for that.
    - bigd 13y ago
      the applications for cap limited H1B are in april, and you'll have it in october if you are one of the 60,000 lucky ones. If you get it in any other time of the year, is because you work for an university or no-profit. Here, H1b is broken refers to the cap-limit one. H1 from the university/no-profit is a joke, since the visas are not counted towards the cap, and I feel they damage the game for everyone else. Btw I do envy your good luck.
gamblor956 13y ago
Sorry, should have clarified that O1 wasn't the best fit because they're the hardest to obtain because they have the most subjective requirements. Other visas, no longer available, would have been easier to obtain.
boomzilla 13y ago
Don't go for EB-1, go for EB-2. It's a lot easier in terms of the documented requirements. Also, unless you are from China/India/Philippines there is no difference in wait time between the two.
- HistoryInAction 13y ago
  There is also the National Interest Waiver for entrepreneurship for the EB-2 to further make the process easier: http://www.uscis.gov/news/public-releases-topic/business-immigration/employment-based-second-preference-immigrant-visa-category-frequently-asked-questions-regarding-entrepreneurs-and-employment-based-second-preference-immigrant-visa-category http://www.uscis.gov/news/public-releases-topic/business-imm...
- klipt 13y ago
  > Also, unless you are from China/India/Philippines there is no difference in wait time between the two. Not really, EB2 generally requires a labor certification which takes about an additional year to process. You're right this is better than the multi-year wait Indians and Chinese face though.

by kenneth 13y ago

auganov 13y ago

Could you share more? Basically what key tips would you give to a person trying to get it? Which 3/more of the 8 requirements did you base your application on?

SeoxyS 13y ago
My key tips would be as follow, in order of importance: 1. Get a good lawyer who puts your interests first. (Not your investor's or your employer's.) 2. Make yourself as visible as your can, even if it's not necessarily your comfort zone. Get on conference panels. Get into print newspapers as much as possible. Aim for old-style print newspapers: WSJ, NYTimes, and other national papers are great. Get into the print edition, not just on their websites. 3. If your company employs a PR firm, make sure they work for you. Have them prepare statements where you're the name attributed to the quote. Have them fight to get into conference panels. It's all bullshit, but it looks impressive when printed as documentation on a case file.
- HistoryInAction 13y ago
  Strong underline for the old-style print newspapers. But look to Brian X. Chen at NYT, Evelyn Rusli at WSJ who cover tech, even if it's just online. Keep in mind that the reviewing bureaucrats at USCIS have NEVER heard of TechCrunch, just like most of us have probably never heard of Politico (or read it often if you have). Don't shoot yourself in the face by mocking the process in the process: To get the visa, Mr. Vine and his co-founders at Zirtual, a business that connects people with personal assistants through the Internet, invented the position of corporate wellness director, suited to Mr. Vine's bachelor's degree in kinesiology. "My application for the H-1B is different from my actual role at the company," Mr. Vine said. "We've actually had to spin a tall tale because of the difficulty of applying." http://online.wsj.com/news/articles/SB10001424052970204707104578095372710657846 http://online.wsj.com/news/articles/SB1000142405297020470710... (might be behind paywall but search "Startup Visas Get New Push" and the closing quote from Collin Vine of Zirtual)

isalmon 13y ago

In some cases it might make sense to do H-1b -> EB2 to get things done faster. You don't even need a visa to get your employment based green card actually, so you can start both processes at the same time. Of course each case is unique, I hope your lawyer made the right choice given the circumstances.

levosmetalo 13y ago
Sorry, but H1b is so broken and horrible that many people won't even consider it. It puts you in a very bad and stressful situation to practically put your destiny in the hands of one employer/person for a couple of years. If H1B is the only realistic option for you, then just forget about USA and go to any European country with sane immigration system.
- stickydink 13y ago
  Are you sure about that? I got my H1B in 2012, it was almost completely painless. I was straight out of university, we applied in October '11, and I received my visa in January. It's fairly straightforward to move to a new employer on a H1B, it just has to be the same level of job. You can start working for your new employer on the date you file, and it takes 4-8 weeks to complete. I'm now close to an EB2 GC which, when complete, will have taken a total of about 18 months from me saying to my employer "I'd like a green card", to me and my wife having one. I'm an engineer at a <20 employee start up, 24 years old. There are aspects of the immigration system that I have found pretty backwards; mostly that a H1B spouse (H4) cannot work. But in general, it's treated me pretty well. I've read plenty of H1B border horror stories online. But having flown from Europe to the US over 20 times in the past 3 years, I haven't had more than a polite 90 second conversation with a CBP officer on the way in. This is all speaking from someone who came from the UK. I know there are separate queueing systems for some visas for residents of certain countries, so I can't speak for that.
  - bigd 13y ago
    the applications for cap limited H1B are in april, and you'll have it in october if you are one of the 60,000 lucky ones. If you get it in any other time of the year, is because you work for an university or no-profit. Here, H1b is broken refers to the cap-limit one. H1 from the university/no-profit is a joke, since the visas are not counted towards the cap, and I feel they damage the game for everyone else. Btw I do envy your good luck.

gamblor956 13y ago

Sorry, should have clarified that O1 wasn't the best fit because they're the hardest to obtain because they have the most subjective requirements. Other visas, no longer available, would have been easier to obtain.

boomzilla 13y ago

Don't go for EB-1, go for EB-2. It's a lot easier in terms of the documented requirements. Also, unless you are from China/India/Philippines there is no difference in wait time between the two.

HistoryInAction 13y ago
There is also the National Interest Waiver for entrepreneurship for the EB-2 to further make the process easier: http://www.uscis.gov/news/public-releases-topic/business-immigration/employment-based-second-preference-immigrant-visa-category-frequently-asked-questions-regarding-entrepreneurs-and-employment-based-second-preference-immigrant-visa-category http://www.uscis.gov/news/public-releases-topic/business-imm...
klipt 13y ago
> Also, unless you are from China/India/Philippines there is no difference in wait time between the two. Not really, EB2 generally requires a labor certification which takes about an additional year to process. You're right this is better than the multi-year wait Indians and Chinese face though.