O-1 Visa for Entrepreneurs & Startups

Introduction

The O-1 extraordinary ability visa for individuals with extraordinary abilities is a great option for entrepreneurs and startup founders who have raised venture capital funding from angel investors, VCs, and those who have been accepted by famous startup accelerators such as YC, 500startups, and Techstars.

What is O-1 Extraordinary Ability Visa?

The O-1 extraordinary ability visa is a non-immigrant visa used by extraordinary and talented individuals in the fields of art, education, business, or athletics. These extraordinary individuals include artists, musicians, actors, directors, screenwriters, make-up artists, tattoo artists, set designers, photographers, choreographers, entrepreneurs, educators, athletes, scientists, and engineers to bring their talent to the United States. The O-1 extraordinary ability visa allows for the talent to temporarily work in the United States in three year increments, with potentials to be renewed indefinitely. To qualify for the O-1 extraordinary ability Visa, an individual must demonstrate a record of “extraordinary achievement.”

There are Two Types of O1 VISA, O1A and O1B:

1. O-1A extraordinary ability visa is for individuals who has extraordinary ability in the sciences, education, business, or athletics. Entrepreneurs would typically be filed under the O-1A category.

2. O-1B extraordinary ability visas are reserved for individuals who have demonstrated a record of extraordinary achievements in the arts or motion picture or television industry and has been recognized nationally or internationally for those achievements.

O-1 Visa for Entrepreneurs Eligibility Criteria:

In order to successfully receive the O-1 visa for entrepreneurs and startup founders, you should meet at least three of the following eight criteria:

1. National or international award

2. Membership in prestigious association

3. Major press and media coverage

4. Original contribution of major significance

5. Published scholarly articles

6. High salary and remuneration

7. Judge other’s work

8. Critical role in distinguished organization or event

We will go into detail of each criterion below:

You've received national or international recognition, through major internationally recognized award, or internationally recognized prizes in your field;

• For foreign national entrepreneurs, venture capital investment, angel investments, and grants could count as “award” in the field of entrepreneurship. This is great news of venture backed founders.

• Make sure to get recommendation letters from investors describing why they chose to invest in your startup instead of many others.

You are a member of a prestigious association in your field of entrepreneurship;

• For entrepreneurs, this could be a famous startup accelerator, such as YC, 500Startups, Techstars, etc.

• Make sure to include detailed criteria used by these accelerators to select startups to prove the prestigiousness of the membership in these organizations.

There are major media coverage or major trade publications about your achievements in the field of entrepreneurship;

• Include published articles covering your startup and yourself in widely circulated major trade publications or major media such as the Wall Street Journal, the New York Times, or TechCrunch.

• Think BusinessInsider, TechCrunch, HackerNews, HuffPost, BuzzFeed, and NewYorkTimes.

You have made original scientific, scholarly, or business-related contributions of major significance in the field of entrepreneurship;

• Do you own a patent? What about support letters from famous VCs and CEOs recognizing your contribution to your field? Has your content on entrepreneurship gone viral? These will help boost your application as an O-1 extraordinary ability entrepreneur.

You have written and published scholarly articles in professional journals or major media in your field;

• Was your article published in the Harvard Business Review? Was your article circulated widely in the field of business?

   You command a higher salary compared to your peers in the same field;

• These include your W-2, stock option grants, cash compensation, etc.

  You've served as a judge in a contest evaluating others' work in your field

• Were you a judge at a demo day or pitch competition? That will help.

• You can demonstrate critical employment or demonstrate being a critical or essential capacity employee of a prestigious organization in your field;

  • Were you a critical or essential capacity member of an organization with distinguished members and alums? These could be a previous association you served in, or even a prestigious foreign employer you worked for. Include documents showing the nature of the organization, as well as your role in it.

If you still don't meet 3 of these criteria, don't despair. You may still be able to prove your O-1 extraordinary ability visa qualification by submitting other reliable evidence establishing that you will have a positive impact on the economy, you've enjoyed commercial success in your field, or that your work has been displayed, exhibited, and showcased.

How to Apply for O-1 Entrepreneur Visa:

In order to apply for the O-1 Visa, applicants typically work with a sponsoring employer or agent to file form I-129 and supporting evidence. It is worth emphasizing that working with a good immigration attorney to craft your supporting evidence is a critical component of O-1 Visa success. Your attorney will guide you through obtaining solid detailed recommendation letters from people at the top of your field. They will draft a convincing petition letter that highlights your past achievements and puts you in a good position to obtain the O-1 status.  

Your attorney will then file the I-129 form and any supporting evidence to the USCIS. Premium processing is available for O-1 visa for an additional fee. Once your petition is approved, the O-1 worker may begin working in the US.

O-1 Entrepreneur Visa Processing Time:

Premium processing is available for expedited O-1 approvals within 2 weeks.

Normally, USCIS will take 3 to 6 months to adjudicate the petition.

O-1 Entrepreneur Visa Cost and Fees:

• Attorney Fees

  Attorney fees for preparing O1 entrepreneur visa ranges between $8,000 to $10,000 at a prestigious firm. This fee will cover the following:

  • Strategy and guidance throughout the O1 visa application process to make your case as strong as possible;

  • Drafting the comprehensive attorney letter presenting your eligibility as an extraordinary ability individual;

  • Researching and assembling all supporting materials to make a compelling case;

  • Preparation of all requisition forms and fees;

  • Assistance with drafting recommendation letters;

• Government Filing Fees

  • $460 for O1 I-129

  • $2,500 for premium processing (optional 15 days processing)

O-1 Entrepreneur Visa Advantages:

• No renewal limits. The O-1 visa is typically valid for the duration of the contracted work or performance, up to three years. Unlike the H-1b visa, there are no limits on the number of extensions that can be filed, making this an attractive option for workers who wish to eventually adjust their status to green card.

• No prevailing wage limits. Unlike the H-1B visa, the O-1 visa does not impose a prevailing wage limit on the employee. This is great for a startup company that’s cash starved but equity rich.

• No treaty citizenship requirement. Unlike the E-2 visa that requires citizenship of particular treaty countries, the O-1 visa is open to all nationalities.

• No minimum education requirement. If you can prove that you met the criteria listed as someone at the top of your game, you will receive a O-1 visa without having the education requirements imposed by the H-1B visa.

• Pathway to green card. Many O-1 visa holders eventually adjust their status to that of a green card, either through the EB-1 program or other programs.

How Xu Law Group Can Help:

The immigration attorneys at Xu Law Group have helped extraordinary entrepreneurs, designers, and musicians obtain the O-1 extraordinary ability visa. Get in touch with us today by booking an appointment using the link below.  

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