O-1 Visa for Startup Founders: A Guide to Pursuing Extraordinary Ability Status

Startup founders are known for pushing boundaries and driving innovation. And so it makes sense that some of them would not only change their industries, but in some cases, change the world.

And if you’re one of those game-changing startup founders (and you want to bring your company to the United States), one of the visa options that may be worth pursuing is the O-1 visa.

The O-1 visa can offer a path for extraordinary entrepreneurs to bring their businesses and talents to the U.S. But if you’re going to apply for this visa category, it’s important to understand both what the requirements are and whether you fulfill those requirements before you apply.

Let’s take a look at the ins and outs of the O-1 visa for startup founders, including the unique benefits of this visa for entrepreneurs and founders, the eligibility requirements, and tips for strengthening your O-1 visa application.

Benefits of the O-1 Visa for Startup Founders

Many startup founders wear different hats within their organization. The O-1 visa is a great fit for these types of entrepreneurs because it evaluates the applicant based on their achievements and contributions to their field, not their job title. This allows founders who can prove their exceptional abilities to secure a visa, regardless of their role (or roles) within the company.

Similarly, many founders struggle to fit into a single box; they often have a diverse set of accomplishments and achievements under their belt, like noteworthy product launches, patent filings, significant news coverage, or venture funding. These accomplishments and achievements align well with the O-1 visa’s “extraordinary ability” requirements, making it a solid option for these types of founders.

The O-1 visa category offers many other benefits, including: 

No Annual Cap

Unlike other visa types, which have an annual cap on the number of visas issued, the O-1 visa does not have a quota limit. That means that, as an applicant, you don’t have to worry about securing one of a limited number of available visas; if you meet the eligibility criteria, you can get approved, regardless of how many other visa applications have already gone through the approval process.

Company Sponsorship Allowed

O-1 applicants can be sponsored by an employer or an agent. While you can’t self-petition an O-1 visa, as a startup founder, you can have your company petition on your behalf if you form a company in the U.S. (Although there are strict criteria for going this route; more on that later.) This offers a pathway to visa approval without having another company or agent sponsor your visa.

Unlimited Renewals (As Long As You Meet the Requirements)

The O-1 visa is granted for up to three years. But the O-1 visa offers annual renewals for as long as you’re still engaged in the activity you were originally granted the visa for. So, if you’re planning to build your company over the long term, the O-1 visa can help you stay in the country while you do so.

High Approval Rate

The O-1 visa has strict eligibility requirements. But if you meet those requirements, the approval rate for the O-1 visa is significantly higher than other categories, increasing your chances of securing a visa.

Increased Professional Freedom

The O-1 visa isn’t tied to a single employer in the way that many other work visas are. This offers a level of flexibility that can be extremely attractive for founders, especially in the startup world, where things can change quickly and often. For example, as a founder, you can change your role within the company or expand your business offerings without necessarily having to worry about losing your O-1 visa status. 

Path to Long-Term Residency

For startup founders that want to stay in the U.S. indefinitely, it’s important to note that O-1 visa holders are not only allowed to stay in the country for long stretches of time (three years for the initial visa and annual renewals indefinitely), but this visa also offers a path to permanent residency via a green card.

Who Qualifies: O-1 Visa Requirements for Startup Founders

The most important thing to know about the O-1 visa is the eligibility requirements. To qualify for the O-1 visa, founders must meet specific (and strict!) criteria that show extraordinary ability in business, technology, or a related (and eligible) industry. This might include being recognized for significant contributions to their field, like patents, industry innovation, or notable market success. How you prove this extraordinary ability plays a critical role in whether your application is approved.

As such, if you’re applying for an O-1 visa, you’ll also need to back up your “extraordinary ability” claim with tangible evidence of your distinguished reputation, like:

• Press coverage. If you and/or your company have had press or major media coverage (for example, newspapers, magazines, or major trade publications), including those articles/coverage can help strengthen your application.
• Industry awards. If you and/or your company have won any industry-related awards, that can also help to prove your extraordinary status.
• Patents and/or innovations. If you’ve developed any innovative products or services, including proof of development (like patent filings) can also help to strengthen your case.
• Funding. Funding from well-known, reputable investors (like venture capital funding) can help legitimize your company. If you’ve received this type of funding, you’ll want to include that information in your visa application.
• High salary. Getting paid an abnormally high salary can also play a role in proving extraordinary ability and/or outstanding achievements in entrepreneurship and business. If your company is worth a lot, the equity you own can be counted here as well.
• Top-tier speaking engagements. If you’ve been invited to speak at respected industry events and/or conferences, include it in your application, as it can help establish you as a thought leader in your space.
• Personal achievements and/or industry contributions. If you have any other notable personal and/or industry-related outstanding achievements (for example, original contributions to respected business books, scholarly articles, or professional journals), that can also help support your claim.

Keep in mind that the more evidence you can provide, the better. The more proof you have of your extraordinary ability, the stronger your petition will be and the higher the likelihood that you’ll get approved.

Can Startup Founders Self-Sponsor the O-1 Visa?

A common question for many startup founders is who can sponsor an O-1 visa—and, more specifically, whether they can self-sponsor their application. The answer is, it’s complicated.

Technically speaking, no, you can’t self-sponsor the O-1 visa. But your company can petition on your behalf under certain circumstances. The steps to do this include:

1. Establish the company in the U.S. First, the company needs to be registered as a legal entity in the United States. You’ll have to choose a structure for your organization (LLC, C Corp, S Corp, etc.) and then take the necessary steps to legally register and establish your company stateside.
2. Ensure the company is operational. Once you establish the company, you’ll also need to make sure it’s operational. This might include things like opening a business bank account, setting up payroll, and establishing a business in the U.S.
3. Establish an employer-employee relationship. In order for the company to petition on your behalf, you’ll also need to prove an employer-employee relationship. This generally means hiring an officer or board member in the U.S. to create a job offer/employment contract between your company and yourself.

Once you’ve taken these steps, you can have the company act as your visa sponsor. Alternatively, you can also have a U.S.-based O-1 visa agent (for example, a business partner or third-party company that works with startups) act as your sponsor.

Keep in mind that this process can be complicated and requires strict adherence to protocols and U.S. Citizenship and Immigration Services (USCIS) eligibility criteria. There is also conflicting information out there that can make the process even more confusing.

If you’re considering going this route, you should strongly consider working with an experienced immigration attorney. They can offer more specific insight into the best sponsorship options and how to structure your company in a way that helps you secure an O-1 visa.

Tips to Strengthen Your O-1 Visa Application as a Founder

As a startup founder, the key to an approval-worthy application is clearly demonstrating your extraordinary ability and contributions. Here are a few tips to strengthen your O-1 visa application and increase your chances of approval:

1. Gather More Evidence than You Think You’ll Need 

As mentioned, the more evidence you can include with your application, the better. So include anything and everything that could help make the case for your extraordinary ability. And keep in mind that gathering a high volume of evidence can take time, so don’t wait until the last minute. Instead, give yourself plenty of time for the evidence-gathering process.

2. Include Strong Recommendation Letters

O-1 visa recommendation letters that speak to your extraordinary ability and/or contributions to your field can also go a long way in strengthening your application. Aim for three to five letters from credible sources (like industry experts, investors, or professional mentors).

3. Tell the Story of Your Startup’s Success 

In addition to your own achievements, you’ll also want to showcase your startup’s notable achievements, whether that’s launching a successful new product, landing multiple rounds of funding, or securing key partnerships in your industry. Make sure to frame your story in a compelling way and highlight how you stand out from other companies and founders.

4. Work With an Experienced Immigration Attorney 

Immigration law, including the process of applying (and getting approved) for an O-1 visa, can be complicated. Partnering with an experienced O-1 visa lawyer can help ensure your application is as strong as possible and increase your chances of success as a result.

How Manifest Law Can Help

Clearly, there’s a lot that goes into the O-1 visa application process as a startup founder, which is why you’ll want to get legal advice and support every step of the way. 

At Manifest Law, our immigration lawyers specialize in helping individuals navigate the O-1 visa process. If you haven’t yet filed your O-1 petition, now is the perfect time to work with experienced O-1 visa lawyers who can walk you through the entire process from start to finish. 

Ready to get started? Contact Manifest Law today to schedule a consultation.