O1 Visa Hacks for Founders
extraordinaryaliens.substack.com
extraordinaryaliens.substack.com
O1 is the wrong VISA for business people and especially someone young. It's easy to get if you have press - i.e. you are a celebrity, actor or singer. It's much easier to get an H1 if you have business contacts and sufficient education. I got mine at 24 off the back of a hard science degree from the UK.
This writer also doesn't seem to understand the process. The bar isn't fixed. If they managed to get an O1 because the person looking at their application was wowed by a few mundane listed connections and achievements, the next time they likely won't be. It's incredibly personal and the person reviewing each case has essentially final say. It's not like the DMV where they are just checking boxes. They have enormous leeway.
Two examples. I overstayed a VISA once before leaving the US. I went into an embassy in a foreign country where I was living and explained that it was a mistake and why I needed to re-enter. The agent took my passport (not US obviously) and told me to come back in a few hours. They gave me a 10 year VISA based on a single conversation despite the fact I had broken a rule.
Secondly when I went for an interview with my American fiancee, the agent asked me if I liked a painting. I said yes and he said he'd painted it. We then all talked about art for 30 mins. Nothing else. No other questions. This was the interview when they are supposed to be working out if you are a real couple or just people trying to swing residency based on a fake marriage. We left and he rubber stamped it.
So this person got lucky and possibly committed fraud. Don't do it. Be smart, be serious. I did it all without a lawyer (after my first VISA and renewal). It cost almost nothing except flights and things like medical charges.
The only thing I had going for me is that I'm reasonably nice, my English is native (I'm British) and I had no criminal record of any kind whatsoever. With that it's plain sailing.
I had to explain that to my wife one time when we drove across the land border from Canada. She was asleep, so I had to wake her up and get her to speak (briefly) to the agent. “Why the questions?” she asked me after we were through. “Because your passport says you’re an American citizen born in Texas; you have to sound like an American. For all he knows, I’m trying human traffic someone.”
The thing most people don't understand about the O1 is that it's on your lawyer to prove that you're going to build is important and that you're legit. The large majority don't understand tech and will likely not have a clue what you're doing.
The O1 is a visa for actors and artists; it's not all about founders. So I wouldn't expect them to know what YC is, Github, or anything technical.
Always consult am immigration lawyer, just help them understand what you do.
My understanding is it's intended for people who are top talent in their fields to come here and work for an indefinite time (up to 3 years initially, with 1 year extensions). It's not a visa intended for immigration, although the article says you may be able to change status to eb-1 with similar qualifications.
Personally, some of the things people suggest to do to check the boxes sounds iffy... but if USCIS is happy, I guess it's fine? As long as the evidence provided is truthful; even if I wouldn't find it compelling.
> Do it only if it’s an impressive host/podcast that is available across multiple platforms (Apple podcast, Spotify).
Aren't essentially all podcasts on Apple also available on Spotify? (due to the open nature of the podcast technology)
So don't bother if it's someone's personal blog but if it's a regular podcast that's been running for a bit and is available widely, an interview with them is good!
agh
Like all things with immigration it's always case by case
Also, I'm not your lawyer (or even a lawyer). But when someone says something like this....
> Think about the O1 as a fundraising process—it’s storytelling. You’re pitching the government on why they should invest in you long-term. Rather than “ticking boxes” with criteria, you need to think about how to structure the narrative so it’s compelling to the reader. The criteria and evidence, such as letters, support that overarching narrative.
...my spidey-sense starts tingling and I head for the door. The idea that you should "structure a narrative" when dealing with law enforcement (and immigration in particular) seems like just terrible terrible advice of the sort that could seriously mess up someone's life. I have a decent risk tolerance for some things, but this feels like someone telling you to douse yourself with gasoline and light a match[1].
[1] I mean, what's the worst that could happen? You want to be warm don't you?
It's, in essence, a storytelling exercise whether you're Brad Pitt or the best pizza chef in Italy. They ask you to show why you're "extraordinary"
It's essential to make the Immigration Officer understand what you're doing. If all you share is true, it's not fraud in any way.
Lawyers aren't trained to understand what is a machine learning engineer and why what you're doing is important. USCIS agents don't know anything about tech and what YC is either. This isn't a visa for founders, it covers every talent category.
So it's on you to help them understand, to share the story.
Always consult a lawyer whatever you do, just help them out.
Either way, just important to know that you don't need to raise 1M to get an O1.