Shilpa Malik 
Boris Ignachkov 
O-1 Visa Overview
The O-1 visa permits individuals who excel in the fields of arts, sciences, sports, education, business, motion pictures, or television to enter the United States for up to three years. Startup founders and entrepreneurs who get an approved O-1 visa can identify venture capitalists and pitch their ideas to garner support for their companies. In this guide, we will dive into O-1 visa criteria – everything you need to qualify for the visa, with specific examples for those who are start-up founders and entrepreneurs. We’ll also outline the process and address frequently asked questions.
VisaNation attorneys have vast experience in securing approvals for O-1 and O-2 visas. Consider seeking the advice of an O-1 visa attorney if your company needs to bring someone with exceptional talent to the United States for employment by scheduling a consultation. Our lawyers help to bring numerous O-1 startup immigrants to the U.S. every year. We make the entire process seamless. Schedule a consultation.
We make employment immigration to the U.S. easy and simple.
O-1 Visa Requirements for Start-up Founders and Entrepreneurs
Startup founders and entrepreneurs interested in the O-1 Visa apply under the O-1A category. To meet the O-1 Visa criteria, an applicant must demonstrate eligibility by evidencing:
- Extraordinary ability in the sciences, education, business, or athletics, demonstrated by sustained national or international acclaim.
- Achievements recognized in the field through extensive documentation
- They are coming to continue work in the area of extraordinary ability. However, the particular duties performed for the position do not require someone of extraordinary ability.
USCIS outlines two ways to meet these requirements. These are either:
- Evidence that the beneficiary has received a major internationally recognized award (such as the Nobel Prize)
- OR satisfies at least three evidentiary criteria. These are outlined below:
1. Received Sustained Acclaim
One main qualification to be eligible for the O-1 visa is that the applicant must demonstrate that they have received sustained acclaim (nationally or internationally). Additionally, applicants must work in the same field for which the acclaim was achieved.
For example, let’s say a tech startup founder received the Forbes 30 Under 30 award in the “Enterprise Tech” category. This recognition is highly selective and nationally recognized, with nominees vetted and chosen by a panel of industry leaders and entrepreneurs. It reflects outstanding achievement and influence in the business and technology space.
This award signals to USCIS that the individual stands out on a national level for excellence in their field, meeting the bar for this criterion.
Importantly, if you have already received a financial investment from a venture capitalist for your company, this can be used as evidence in your case. Immigration law does not require a specific value of financial backing, but it should be substantial enough to bolster your case and show you are excelling in your field.
Do family members in your startup company qualify?
Unfortunately, angel investors and family members of your startup company are not eligible. Any capital that is raised by a startup founder or entrepreneur must be authorized, and you should have evidence of the venture capitalist fund. If you raised capital for a previous project, this can also be used in your case to show that you qualify.
Tip: Don’t meet the award requirement? Consider applying to a business accelerator. Many investors keep a close eye on these incubators to invest in rising startups.
2. Play a Lead or Critical Role in the Organization
Another qualification is demonstrating that you play or critical role in the organization and have a distinguished reputation at the top of your field. You can use letters from individuals who work in the organization or from past employers to prove your leading role in the organization. A key example of relevant evidence from USCIS guidelines for startup founders and entrepreneurs includes:
- Founder or co-founder of, or contributor of intellectual property to, a startup business that has a distinguished reputation; and
- Critical or essential supporting role for a distinguished organization or a distinguished division of an institution, government or quasi-governmental entity, or company, as explained in detail by the director or a principal investigator of the relevant organization or division.
3. Show any Press Coverage or Published Works
Coverage from major media, published materials, and reputable outlets should be included in your case. This can be national or international in scope. A key takeaway is that USCIS wants to see published material in respected outlets that focuses on you and your work in your field, and cannot just be a citation or passing mention.
A few examples for startup founders and entrepreneurs could be the subject of a TechCrunch profile, a Forbes feature, a deep dive in a major industry blog, or an interview with significant reach. The key is that the piece talks substantially about your contributions, your product/service, and why your work matters
4. Being a Judge of Others’ Work
If you were selected to be on a panel as a judge for others’ work in a related field, this is important to demonstrate. This showcases that you are recognized as having expertise in your field.
A few examples could be serving as a judge for a startup competition, like TechCrunch Disrupt, SXSW Pitch, or MIT $100K, some of the highest-profile global startup competitions. If you were selected to evaluate early-stage companies, pitch decks, or innovations in your sector, especially by a respected organization, this shows USCIS you’re recognized as someone whose opinion matters.
5. Membership in Professional Associations Recognizing Outstanding Achievement
USCIS doesn’t just want to know that someone’s in a professional association — they want to know why they’re in it. Specifically, they’re looking for memberships that require outstanding achievements in the field, as judged by recognized experts. Simply signing up or paying a fee for an association isn’t sufficient to meet the O-1 Visa Criteria.
6. High Salary
Showing that you have or will command a high salary for your services or from past clients. Using salary statistics specific to your position and geographic location can serve as evidence that your salary falls within the top range for your area. This may involve referring to government databases (U.S. Bureau of Labor Statistics, Payscale, etc.) that provide salary information or using wage statistics.
7. Authoring Scholarly Articles in Professional Journals or Media
Did you write anything featured in a research publication or peer-reviewed journal? This can be used to fulfill the criterion. The article should:
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Be written by you (solely or as a co-author)
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Be about your field of expertise (not just generic business advice)
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Appear in a credible outlet (think academic journals, industry-leading platforms, or peer-reviewed publications)
For startup founders, this could look like:
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Writing a research paper on blockchain scalability published in IEEE Access
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Publishing a peer-reviewed article in a biotech journal on your startup’s novel drug delivery method
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Contributing a technical piece to Harvard Business Review, MIT Technology Review, or a top-tier trade publication in your industry
8. Other Original Business-Related Contributions
If you have any type of intellectual property, patents, trademarks or documents that would fit in this category, let your immigration attorney know.
Keep in mind that to be approved for the O-1, you only need to fulfill three criteria in total from the aforementioned list.
It’s never been easier for founders to come to the U.S.
O-1 Visa Process for Entrepreneurs
To obtain an O-1 visa, the employer needs to take the following steps:
Step One: Petition filing
To obtain an O-1 visa, the employer needs to submit Form I-129.
Did you know: A U.S. agent/entity could also file for the beneficiary if done correctly. This applies in casese when the founders owns the company but it’s important that the documentation show a distinct relationship between the petitioner and the beneficiary.
Step Two: Itinerary Submission
An itinerary must be submitted that explains the nature of the events in which the visa beneficiary will participate, along with their start and end dates.
Step Three: USCIS Review
Once all the required information and documents have been submitted by the O-1 visa lawyers, USCIS will review the application and determine if the totality of your submitted evidence matches the minimum O-1 visa criteria and make a decision.
O-1A Timing Considerations for Applicants
It is crucial to submit everything well in advance before seeking entry into the United States due to the processing time for O-1 visas. According to USCIS processing times, it can take USCIS 3.8 months to process the O-1 visa, but it can vary based on the service center handling your case due to backlogs and staffing issues.
Premium processing can reduce the O-1A processing time to 15 business days.
To ensure that all documents and evidence are submitted correctly and within the specified deadlines, seek the assistance of a qualified O-1 visa attorney.
Learn how we helped a very successful CEO acquire an O-1A visa in record time!
Can a Start-up Sponsor an O-1 Visa?
Yes! A startup can sponsor an O-1 visa. As long as the startup can meet the requirements for sponsoring an O-1 visa, such as providing evidence of the beneficiary’s extraordinary ability in their field, the startup can act as the visa sponsor.
The startup must file the necessary forms and provide supporting documentation to the United States Citizenship and Immigration Services (USCIS).
How to Choose An Immigration Attorney As a Start-up Founder
There are several important factors to keep in mind when selecting an immigration attorney to help you obtain an O-1 visa.
- Experience with similar cases: When looking for an immigration attorney to help you obtain an O-1 visa, it’s important to choose someone with experience handling similar cases. This means that the attorney should be well-versed in the specific requirements and nuances of the O-1 visa application process. They should have a track record of success in securing visas for clients who are also startup founders and entrepreneurs.
- Open and effective communication: Good communication is key when working with an immigration attorney. You need an attorney who is responsive and accessible, and who is willing to take the time to answer your questions and address your concerns. Look for an attorney who is open and transparent in their communication style, and who can explain complex legal concepts in a way that you can understand.
- Upstanding reputation: When selecting an immigration attorney, it’s important to choose someone with a reputation for integrity and professionalism. Look for an attorney who is respected in the legal community and has positive reviews from past clients. You can check online reviews or ask for referrals from other professionals in your field.
- Transparent fees: Finally, it’s important to choose an immigration attorney who is upfront about their fees and billing practices. Look for an attorney who provides clear and transparent pricing information. Avoid attorneys who make vague promises about the cost of their services or who add unexpected fees to your bill.
O-1 Visa Criteria: Frequently Asked Questions
Below you will find answers to the most commonly asked questions about this topic.
Who qualifies for an O-1 visa?
The O-1 visa is for individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics, as demonstrated by sustained national or international acclaim. This can include individuals who have won major awards or prizes in their field, have been published in professional or major trade publications, have been a judge of the work of others, have made original contributions to their field, or have been employed in a critical or essential capacity for organizations with distinguished reputations.
What is the minimum salary for an O-1 visa?
There is no specific salary requirement for the O-1 visa. However, the applicant must demonstrate that they will be receiving a salary or other remuneration for their services in the United States.
Are O-1 visas hard to get?
While the O-1 visa application process can be complex and requires extensive documentation to demonstrate the individual’s extraordinary ability, it is doable with the right immigration team by your side. VisaNation law group attorneys have experience building strong cases and providing sufficient evidence for our clients to obtain their O-1 visas.
What is better, H-1B or O-1 Visa
The O-1 visa is a nonimmigrant visa for individuals with extraordinary ability, while the H-1B visa is for individuals in specialty occupations. If you qualify for both, the O-1 visa can offer more flexibility and faster processing, with no lottery. If you don’t meet the high threshold for the O-1, the H-1B may be your best path, especially for employment in common professional fields. Either way, both the H-1B and O-1 visas are considered dual intent visas. This means you can pursue a green card (permanent residency) without jeopardizing your current visa status.
In summary, which visa is better depends on the individual’s specific circumstances, qualifications, and timeline requirements.
What is O-1B vs O-1A?
The O-1B visa is for individuals with extraordinary ability in the arts, while the O-1A visa is for individuals with extraordinary ability in the sciences, education, business, or athletics.
What are the supporting documents for an O-1?
The supporting documents to meet O-1 visa criteria include evidence of the individual’s extraordinary ability, such as awards, publications, and letters of recommendation, as well as documentation of the job offer and other necessary paperwork. You can see a full list in the guide above.
Is O-1 easier than EB-1?
The difficulty between obtaining an O-1 versus an EB-1 depends largely on your individual circumstances and the requirements which you can meet.
Does O-1 have dual intent?
The O-1 visa is not a formal dual-intent visa (compared to ones like the H-1B or L-1) as it doesn’t require proof of a foreign residence and it allows an individual to pursue a green card without automatically jeopardizing their O-1 status. Though an O-1 visa holder is not required to keep a foreign residency, they are still required to have nonimmigrant intent in the eyes of immigration law. Still, it is not outrightly counter to immigration law if an O-1 visa holder files for permanent residency. However, filing for permanent residency may arise questions about nonimmigrant intent especially if the applicant travels on the O-1 visa while a permanent residency application is pending. Unlike L-1 and H-1B visa holders, an O-1 visa holder should not travel on his or her O-1 visa while a green card application is pending.
Can I apply for a green card while on an O-1 visa?
Yes, it is possible to apply for a green card while on an O-1 visa. However, the process can be complex and requires careful planning and preparation.
How long can you stay in the U.S. with an O-1 visa?
Initially, this visa is granted for a period of up to three years, and it can be extended indefinitely in increments of one year.
Our Law Firm’s O-1 Experience
Entrepreneurs seeking to pursue O-1 visas will do well if they have gained seed funding to start a business. Of course, the larger the funding, the better. In the past, we have used evidence of seed funding for the “awards” category. We have also successfully argued seed funding as an indicator of significant contribution to the applicant’s field of expertise.
Lastly, large amounts of seed funding usually generate press interest that can be used to substantiate the “media” prong. All in all, O-1 applicants in the start-up arena can leverage seed funding to bolster their O-1 applications in various compelling ways.