From VISA Rejections to O-1 to Green Card - My Path to San Francisco as a Founder
My first taste of San Francisco came during a summer internship in college, and it hooked me instantly. Between the vast blue skies, the diverse international community, and the thriving tech scene, I felt like this might be somewhere I wanted to be. I started learning about tech companies and startup culture, which led me down the path of teaching myself how to design and code, even though I was a business major.
I came back to SF with ESTA a few times. After those short trips, the feeling was always the same: I didn’t want to leave. Over time, I began exploring options that might allow me to spend more time there, which led me to apply for a B1 visa. But I was rejected. Determined, I tried again, only to face another rejection. I was crushed. My lawyer told me that I should not apply anytime soon unless there were a significant change in my life that could justify a new application.
I did some research and thought about different options. I talked with some lawyers, but none of the options seemed to fit me well at the time. So I decided to focus on my work while keeping long-term possibilities open. Eventually, I was introduced to Deel (formerly LegalPad), who explained the O-1 visa criteria and how my existing work could align with it in the future.
Over the next few years, I kept chasing my professional goals. I have become a writer at freeCodeCamp, been accepted to South Park Commons, started a startup, raised $2.5 million from leading VCs in SF, gotten press, and become a hackathon judge. Obviously, I didn’t do those things only for my visa, but I knew they could also help build my O-1 case.
And finally, when I talked with Deel again, they told me they were now confident in my qualifications. After many hours of collecting documents, a lot of back and forth with Deel, and an interview, I finally got my O-1 visa.
It was an incredibly happy moment for me. I immediately called my family and friends to share the exciting news. I was so overjoyed that I immediately started preparing for my move to San Francisco.
About a month later, I found myself sitting on a bench at San Francisco airport after clearing immigration. I was relieved and filled with joy because I had finally come back. More than ten years had passed since my first visit. The sky was still big and blue, and I was excited to meet friends and begin the journey ahead.
Once I had settled into life in SF, my focus shifted to the long term. The O-1 gave me three years, but the EB-1 green card was the ultimate goal. I knew there was still a risk of losing my visa, so I reconnected with Deel early on to start preparing. That way, I could eventually put immigration worries behind me. Preparing for the EB-1 green card was relatively easier as it had similar requirements to the O-1.
Then, on November 5, 2024, coincidentally on Election Day, I found my green card in my mailbox. It was unusually fast, only about 15 months after moving to San Francisco.
I learned many lessons along the way. In this post, I'll share tips for others pursuing an O-1 visa and EB-1 green card.
Qualifications
Like I said, I was eager to return to San Francisco and moved forward quickly when a lawyer suggested the B1 visa as a possible option. Looking back, I should have been aware of their incentive bias; they make more money by taking on more visa cases, no matter how it turns out. My first application was denied, and I applied again soon after with the same result.
Those rejections taught me some tough lessons. I let my wishful thinking cloud my judgment, wanting badly to believe the lawyer that I ignored the need to make realistic judgments.
This whole experience changed how I approach important decisions, especially ones that can’t be undone, like visa applications. Each rejection makes the next application harder to get approved, creating a downward spiral that's tough to break out of. Now, I take my time with choices that can’t be easily reversed. Sometimes the best move is just to be patient and wait until you’re truly ready.
When I first talked with Deel, they explained that I hadn’t yet met the O-1 requirements. But they outlined the additional achievements that would strengthen my case. So I decided to just get back to work and meet those requirements first and reach out again once I had accomplished them.
I recommend first consulting with some lawyers to assess if you're likely to qualify.
Criteria
The O-1 visa and EB-1 green card have similar requirements. You must demonstrate at least three criteria, such as awards, membership in exclusive institutions, published work, original contributions, or high salary, among others.
As I mentioned, I was not initially qualified for the O-1 visa. But things started to change when I was accepted into South Park Commons remotely, where I began building my next startup project. With the help of South Park Commons, I remotely raised a few million dollars from a notable VC and other investors in SF, which created a cascading effect like media exposure that allowed me to add more criteria for the O-1 visa.
Here are some things I used to be qualified for the O-1 visa:
The membership of South Park Commons
Raising a few million dollars from a notable VC
Being featured in the media, such as Business Insider
Being a hackathon judge, which has notable sponsors like Microsoft
Being a writer at freeCodeCamp, a major publication in the tech industry
I'm sorry if it sounds like I am bragging, but you have to brag about yourself if you want to get the O-1 visa.
Lawyers
I recommend using a service with a team of lawyers and project managers rather than a traditional law firm. Law firms tend to be slow with their work. I had to cancel a contract with a law firm because they were too slow.
I strongly recommend Deel. They acquired LegalPad and are pioneers in this model. They were transparent about my qualifications and very responsive.
Since their project managers keep cases moving forward even when a lawyer is busy, you can move faster.
I also liked that I just had to fill out forms and upload documents in their portal instead of endless email chains. I worked with Deel for both my O-1 and EB-1.
Petition
You will be spending most of your time crafting your petition. Think of it as telling your story to someone who's never heard of your industry. You need to walk them through your journey in a way that makes them understand why you're extraordinary.
And your story needs solid evidence to back it up. You have to collect a lot of information and documents such as awards, publications, media coverage, patents, recommendation letters ... This can be quite time-consuming, but it's worth it!
Deel led this process and helped me greatly. That said, you are ultimately responsible for the petition. You want to review it and ensure it's correct. Since I had previous rejections, I was thorough in reviewing everything.
I'd say the petition preparation process, at least among the things under our control, is a key to getting your visa or green card approved fast. I tried to address whatever was stopping us from moving forward, and I relentlessly followed up to keep things moving.
Interview
The interview involves a lot of luck. How much you get grilled depends on whom you talk to. I was very nervous about the interview, certainly much more than pitching to investors, because of my previous visa rejections.
So I decided to prepare well. To be more specific, I've worked with Argo. The first time I had a session with them, they were not at all happy with my answers. The biggest takeaway was that I had to explain clearly why I am an expert in my field. Basically, I had to brag about myself, but I was not used to it.
Feeling even more anxious about the interview, I devoured Argo's YouTube videos to brush up on my answers. I've had two other sessions with them until I could answer all of their questions well.
There are a lot of interview tips, but here are some suggestions from their mock interviews:
Never lie or make it seem like you are lying with ambiguous answers. Clarify any unclear areas beforehand and answer honestly.
Don't give one-word answers unless it is a yes/no question. For example, when asked where you work, don't just provide the company name. Instead, explain what the company does and where it's located. Help them understand you better.
Be concise. You should not be too short, but you should not be too long either. They have a lot of cases to process in a day. Don't talk about irrelevant details.
Appeal to areas where you can demonstrate why you're an expert. They are looking for red flags and might ask you about things you don't want them to ask. For example, if they ask you about previous rejections, explain why it's different this time and why you are qualified for the O-1 visa. In other words, direct them to your strengths.
I've done everything I could. I was prepared for all the questions I might get. On the O-1 interview day, here is how it went (I didn't have an interview for my green card):
Interviewer: What are you going to be doing in the US?
Me: I'm a blockchain expert. It's a financial technology. I will be designing application architecture, writing code, and talking to customers to build applications.
Interviewer: You were working at Company A before?
Me: Yes.
Interviewer: Are you an engineer?
Me: Yes.
Interviewer: So you will keep working for the same company C?
Me: I've been working for Company B, and they had a contract with Company C. I will be working for Company C in the US. So yes.My lawyer told me that people rarely get rejected at an O-1 interview, and perhaps I was over-prepared given how short and easy my interview was. However, I don't regret preparing for the worst-case scenario because the stakes were so high.
Looking Back, Moving Forward
Getting my O-1 visa and then my EB-1 green card wasn’t just about the paperwork; it was an immigration journey that taught me patience, persistence, and how to play the long game. The milestones I hit along the way, like joining South Park Commons, raising capital, and writing for freeCodeCamp, were all meaningful experiences in their own right.
That first summer in San Francisco, I really didn’t want to leave. But now, I don’t have to. The sky is still big and blue, and this time, I’m here to stay.