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It is possible but it's a challenge because there's a prohibition against self-employment in the H-1B context. The options are the O-1 (a high standard but self-employment isn't really an issue) or the H-1B but with cofounders so that the ownership and control are diffuse.


thanks.. cofounder route doesn't pan out for several reasons. All cofounder I want to work with are on H1B. And the last time I tried a citizen as cofounder they screw you for being on visa. Same as how big giant companies do just more directly.

Anyway, how does one demonstrate they have extraordinary ability for O-1 when everyone on the H1 list has a masters and been an engineer for a while? Any examples of how people have pulled this off in the past?


I think that's an unfair characterization based on citizenship.


I'd take a look at passright.com. They've helped tons of engineers and their approval rate (when you follow all of their instructions, of which there are quite a few) is very very high (90%+).


I thought one can't work for one's own company in O-1 just like H1B no?


As a general rule, being a founder and/or substantial owner doesn't disqualify one from O-1 classification (and in fact is usually an asset). The standard for O-1 classification is less whether one meets an abstract standard of extraordinary ability and more whether one meets the specific O-1 criteria which are often within reach of talented engineers without advanced degrees, particularly those who have founded or are in the process of founding a company.




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