Here’s another edition of “Dear Sophie,” the advice column that answers immigration-related questions about working at technology companies.
“Your questions are vital to the spread of knowledge that allows people all over the world to rise above borders and pursue their dreams,” says Sophie Alcorn, a Silicon Valley immigration attorney. “Whether you’re in people ops, a founder or seeking a job in Silicon Valley, I would love to answer your questions in my next column.”
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Dear Sophie,
I’m a UX/UI designer in Europe working at a web3 company in the United States.
I would like to resign from my current position and move to the U.S. to pursue work that allows me to have more autonomy, flexibility and the ability to take on a variety of projects with different clients in the U.S.
How can I make that happen? Thanks for your help!
—Worldly web3 Wonder
Dear Worldly,
I have long wondered if web3 will make immigration obsolete. Technology scales passive work, heightening and elevating the human experience. I don’t think immigration will be going anywhere anytime soon!
Let’s dive into some of the U.S. immigration options that will help you get the autonomy and work diversity you crave!
The work visa that allows you to freelance…
Image Credits: Joanna Buniak/Sophie Alcorn (opens in a new window)
Most non-immigrant work visas that allow you to stay and work temporarily in the United States are tied to a specific employer that sponsors you for the visa by offering you a job and filing a visa application on your behalf.
Unless you can get a work permit, only one main visa type clearly allows you to do freelance work — in other words, work with multiple companies — and that’s the O-1 visa. With an O-1A, you will need to have a U.S. agent acting either as your employer or representing multiple employers to sponsor you for the O-1. A colleague in your field may act as your U.S. agent, but the petition must provide the details of the relationship between you as the O-1 beneficiary and the U.S. agent.
The O-1 doesn’t provide you with complete autonomy, but it will allow you the freedom to choose a variety of projects in your field at different organizations.
If arranging work projects with multiple employers, at minimum the following should be submitted with your O-1 application:
- A list of all the work projects that you have tentatively lined up in the U.S. over the next three years (the maximum length of an initial stay on an O-1).
- How long each project is expected to last.
- The names and addresses of the companies for which you are doing the projects and where they’ll be done.
Talk to your attorney as additional information can support this process with ease.
What it takes to get a “genius visa”
There are two categories of O-1 visas: The O-1A visa is for individuals with extraordinary ability in science, education, business or athletics. The O-1B visa is for individuals with extraordinary ability in the arts, or extraordinary achievement in the motion picture or television industry.
If you’ve won a major, internationally recognized award, such as a Nobel Prize, an Olympic medal or an Oscar or Grammy award, then no problem. You’ll be immediately eligible for an O-1 visa, which is why it’s often dubbed the “genius visa.”
While the O-1 visa is one of the more difficult visas to obtain, getting one is quite possible with a little planning and deliberation to build up your achievements. I recommend that you work with an experienced immigration attorney who can assess your qualifications and help you devise a strategy.
If you haven’t won a major award, no worries! You just need to meet at least three of the following eight criteria, although it’s often helpful to aim for four or more to present a strong case for an O-1A in a business field:
- Received a nationally or internationally award for excellence, such as a UX Design Award or a Webby Award for the best user interface.
- Membership in an organization that requires outstanding achievements as judged by experts, such as Design Hangout, a global invitation-only network of professional UX designers.
- You and your work have been the subject of an article published in a professional publication, major trade publication or major media.
- Participated as a judge of the work of others in your field, such as hackathons or design competitions.
- Made an original scientific, scholarly or business-related contribution of significance to your field.
- Written articles that were published in scholarly journals, professional journals or major media.
- Been employed in a critical or essential capacity at a company or organization with a distinguished reputation.
- Command a higher than average salary or compensation.
In this previous Dear Sophie column, I went into a bit more detail on what it takes to qualify for each of the O-1 criteria.
Consider sponsoring yourself for a green card
Obtaining a green card will provide you with the freedom and autonomy to work as a freelancer on various UX/UI projects for different companies. Keep in mind that getting a green card is a much longer process than getting a work visa.
Two green cards allow you to apply on your own without an employer or agent sponsor or even a job offer: the EB-1A extraordinary ability green card and the EB-2 NIW (National Interest Waiver) green card.
The bar for qualifying for an EB-1A extraordinary ability green card is higher than for the O-1 extraordinary ability visa, and even the EB-2 NIW green card. However, the requirements for the O-1As are similar to those for the EB-1A, so getting an EB-1A may very well be within reach.
For the EB-2 NIW green card, you must show that you have either an advanced degree or you have exceptional ability (which has lighter requirements than extraordinary ability) and that your work and skills have substantial merit and are important to the United States. I offer tips for submitting a strong EB-1A or EB-2 NIW green card application in this Dear Sophie column from last year.
You’ve got this!
—Sophie
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The information provided in “Dear Sophie” is general information and not legal advice. For more information on the limitations of “Dear Sophie,” please view our full disclaimer. “Dear Sophie” is a federally registered trademark. You can contact Sophie directly at Alcorn Immigration Law.
Sophie’s podcast, Immigration Law for Tech Startups, is available on all major platforms. If you’d like to be a guest, she’s accepting applications!