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.
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.
I'm not sure if my situation/questions are under your scope but I appreciate your time and energy on this thread. My fiance is British with an O-1 visa, currently living and working in NYC. She works in fashion, not tech. But I am a tech worker in London (EU citizen) and would love to move in with my fiance of course. Is my understanding correct that even if we marry it wouldn't allow me to legally reside and work in the US? What would be the best approach?
Thanks so much.
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.
I've been looking for an immigration attorney who specializes in EB1A for an early engineer in the startup founding team in robotics with significant patent commercialization and a small number of citations (2 granted patents of >$2 million value, <30 citations).
NIW is unfortunately not a good option due to the country backlog.
Looking at the positive comments from your current/former clients here, we'd love to get in touch!
Keep going and get into an accelerator and apply for an o1? Or are there new paths with the entrepreneurial parole program?
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.
I've been looking for an immigration attorney who specializes in EB1A for an early engineer in the startup founding team in robotics with significant patent commercialization and a small number of citations (2 granted patents of >$2 million value, <30 citations).
NIW is unfortunately not a good option due to the country backlog.
Looking at the positive comments from your current/former clients here, we'd love to get in touch!
https://sites.google.com/princeton.edu/agents-workshop