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Comment by berndsf | Hacker News Reader

(So, if you are one of five experts in the world on say, mining safety, you still have to wait 10 years for a permanent residency just by virtue of where you were born.)

that's not correct. that person would be eligible for an O1. I haven't heard of any plans to change the mechanisms of the O1 visa

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Let's assume that such a person passes a triage for O1 (there's no guarantee! Suppose there are two companies using some very specific technology, first company in the US poaches an employee from the Shanghai office of the second company for his narrow skill in this technology- would he necessarily be an individual with extraordinary ability? Unique ability, yes. Extraordinary "genius"? Hard to say).

There is a significant difference between H1B and O1, which is the burden for evidence. The burden for O1 is quite onerous compared to H1B. You have to present several reference letters, meet strict criteria for excellence, and even then it is not guaranteed. There is a fair amount of inconsistency in how O1 (or EB1) cases are adjudicated.

O1 is even more abused by artists, like DJ's or dancers. There's nothing extraordinary required in the artistic field. Just a few references.

Recently, I have seen O1 being given pretty generously. Couple of people who I know who completed PhDs from mediocre University and less than 10 papers in total have all gotten their O1s. Yes they had to get reference letters and complete all the formality but nothing stellar or extra-ordinary was required.

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