Hi Peter, thank you for doing this. I'm a YC Founder, Ex-FAANG who applied for an O1 visa but got a "kitchen sink" RFE (i.e disputing all of my claimed* O1 qualifications). Is withdrawing and re-applying my O1 petition a good idea? Are there any known downsides to doing this? Thanks again!
Disputed qualifications include:
1. YC funding is not an "internationally recognized award"
2. YC membership is not "an association that requires outstanding achievement from its members"
3. Beneficiary's role (CTO) doesn't prove their critical role to the organisation.
4. Previous high renumeration is not evidence of high salary in the field as a whole. Nor is equity in YC company.
Not a laywer. Withdrawing and reapplying after changing the app, or responding to the RFE are both valid options. The only thing that is not useful is appealing a rejection. The appeals rarely work and are a waste of money and time. There was also an executive order about O1 which was supposed to lead to rulemaking that would make O1 and EB1 easier for AI (https://www.whitehouse.gov/briefing-room/presidential-action...). I don't know if anything came of this, but look into whether any rulemaking is happening and apply after a final rule is published, assuming you are doing AI. (Everyone is doing AI, btw).
Agreed. The motion/appeals process takes a long time so it's just not a realistic option for most people. Whether to withdraw and reapply or respond to the RFE will depend on your qualifications (apart from your acceptance into and participation in YC); we've taken both approaches when we've received a kitchen-sink RFE and obtained approvals doing both. The recent guidance focuses on the EB1A but an be applied to the O-1 and has expanded arguments that we can make.
Disputed qualifications include:
1. YC funding is not an "internationally recognized award"
2. YC membership is not "an association that requires outstanding achievement from its members"
3. Beneficiary's role (CTO) doesn't prove their critical role to the organisation.
4. Previous high renumeration is not evidence of high salary in the field as a whole. Nor is equity in YC company.