[zkirill]

I hear that O-1 review has become less favourable to founders over the last 1-2 years.

TN is risky because you may be asked to prove that you are not employing yourself and that you can can be fired at any time by your boss. On top of that, you must be paid market wage or higher and not a "founder's salary".

Another visa to consider is the E-2 (https://en.wikipedia.org/wiki/E-2_visa) if you have the financial resources or after you have raised some funding.

This is not legal advice, consult an attorney.

[graeme]

>I hear that O-1 review has become less favourable to founders over the last 1-2 years.

Is this because it wasn't intended for that purpose and the system is cracking down on founder's using it as such?

I've looked into the O-1 based on the fact that I'm (legitimately) a top expert on a very niche field. If I ever move to the states I think it's my only possibility since I work for myself.

[yurisagalov]

From what immigration lawyers have described to me, USCIS is cracking down and making the requirements for an O-1 (And EB-1, by proxy) more strict.

What they want is "objectively verifiable" evidence in the form of press, recognition, awards, earnings, etc. What they value much less now than they used to is famous people telling them how awesome you are (e.g. getting your famous investor to write you a letter is less valuable now). Their stance on this is that if you're as awesome as you say you are, there should be objective third party validation available.

So in your case, since you are a very top expert in a very niche field, you should be able to produce objective verification from experts in the field, peer reviewed publications (or well regarded publications in the field), and so on.

The good news is that the visa actually is designed for people like you :)

Once again though: Talk to an immigration lawyer, this is not immigration advice, just things as I know them :)

[jonfle]

Strong ++ for talking with an immigration lawyer - the system is best navigated by those who know it well. My O1 application (early 2015) was 270+ pages and I also submitted references from multiple people/recognized experts as verification. The preparation took months and the processing took days.

[graeme]

Yeah, I'd get a lawyer if I ever had to do it. In my case the field is very narrow, so there's basically no press. But I'd be able to get letters from all the major players saying I was major. A couple of them have scattered press mentions.

[SeoxyS]

Seriously? I'm one of those people who is here on an O-1 visa, which was obtained mostly through a series of recommendation letters from "famous" VCs and tech CEOs and a few press mentions. Looking into applying for the EB-1 at the moment. Would love to hear more about these changes, because I think I may be directly affected.

[dirkdk]

Yeah, they have become more strict over the last 2 years. Mentorships is another thing they value less