After earning law degrees in China and at Oxford, after having worked in Hong Kong as a lawyer at a top international firm, after coming to United States three years ago for an M.B.A. and graduating and joining a start-up, I was given just 60 days to leave the country. I have 17 days left.

[...]

As I make plans to go back to China, I find myself wondering: If I am not qualified to stay in the United States, then who is?

https://www.nytimes.com/2017/11/23/opinion/immigration-visa-h1b-trump-.html?_r=0

(http://www.autoadmit.com/thread.php?thread_id=3808865&forum_id=2#34770741)

I DESERVE to stay here I am soooo smart and accomplished!

(http://www.autoadmit.com/thread.php?thread_id=3808865&forum_id=2#34770872)

(http://www.autoadmit.com/thread.php?thread_id=3808865&forum_id=2#34772823)

and her “job” is as a co-founder of some start up

(http://www.autoadmit.com/thread.php?thread_id=3808865&forum_id=2#34770907)

(http://www.autoadmit.com/thread.php?thread_id=3808865&forum_id=2#34771400)

Sounds like something only a foreign JD/MBA could contemplate

(http://www.autoadmit.com/thread.php?thread_id=3808865&forum_id=2#34770987)

if she wants to stay to start up a company, let her get an investor visa or something

she can’t game the system just because she FEELS that she is smart and special

(http://www.autoadmit.com/thread.php?thread_id=3808865&forum_id=2#34770999)

there is no shortage of american MBAs right out of school

(http://www.autoadmit.com/thread.php?thread_id=3808865&forum_id=2#34771003)

(http://www.autoadmit.com/thread.php?thread_id=3808865&forum_id=2#34771008)

(http://www.autoadmit.com/thread.php?thread_id=3808865&forum_id=2#34770868)

In that light, the whole article is disengenuous, in that the USCIS didn’t reject the employee, but rather the petitioning employer.

(http://www.autoadmit.com/thread.php?thread_id=3808865&forum_id=2#34771093)

if google or microsoft for some idiotic reason hired a chinese national as a regular financial analyst or HR administrator and tried to get an H1-B they would get shot down too.

in this case based on the RFE she got it looks like she was rejected based on the lack of skillset

(http://www.autoadmit.com/thread.php?thread_id=3808865&forum_id=2#34771216)

For an H1b you just need to show that it is for a "speciality occupation," which has a meaningless definition that essentially boils down to "customarily requires a bachelor's degree." See below.

"The job must meet one of the following criteria to qualify as a specialty occupation:

Bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for the position

The degree requirement for the job is common to the industry or the job is so complex or unique that it can be performed only by an individual with a degree

The employer normally requires a degree or its equivalent for the position

The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree."

It's possible she was denied, as she claims, for failure to prove speciality occupation. I note that she clearly isn't, based on her credentials of a JD/MBA, engaging in the analytical side of whatever "promising new technology to improve the use of data" is, so she might have been denied because she has an amorphous and undefined role that she got only as part and parcel of founding the company. She's pretty coy in stating she "was planning to stay in Silicon Valley to help start a company . . ." My guess is that she's rich and pumped some money into creating this potentially BS startup, and thought she could finagle her way into the H-1B / Greencard pipeline by also making herself a W2 employee. It sounds like the USCIS did its job in denying a visa for a vague position at a company that isn't even yet a going concern.

(http://www.autoadmit.com/thread.php?thread_id=3808865&forum_id=2#34771778)

Nyt disingenuous? Odd case. Almost fake news

(http://www.autoadmit.com/thread.php?thread_id=3808865&forum_id=2#34771278)

see ya!

(http://www.autoadmit.com/thread.php?thread_id=3808865&forum_id=2#34771282)

i'm all for supporting brain drain from china to the US but reading her english and looking at her linkedin she seems like a pretty middling degree-hopper

nothing special about this chick to make special exceptions

(http://www.autoadmit.com/thread.php?thread_id=3808865&forum_id=2#34771437)

this chick is just an entitled degree-hoarder

the nature of her oxford "law degree" isn't exactly clear either

(http://www.autoadmit.com/thread.php?thread_id=3808865&forum_id=2#34771572)

Manufacturing jobs are never coming back unless they're robots.

(http://www.autoadmit.com/thread.php?thread_id=3808865&forum_id=2#34775045)