O-1 Visa: for Startups & Founders

The O-1 visa is often a great immigration option for founders and startups. This visa is for individuals with extraordinary abilities in science, technology, business, and the arts, encompassing a diverse group of professionals, including startup founders, researchers, and artists. In this article, we will unravel the intricacies of the O-1A visa requirements and shed light on the potential pathways and considerations.

Benefits of the O-1A Visa

• No Annual Cap: unlike the H-1B visa, there is no lottery system or cap. You can file your O-1 application at any time.

• Unlimited Status Extensions: extend your O-1 status as needed.

• No Degree Requirement: this allows more flexibility if you do not have a related degree or a degree at all.

• No Minimum Salary: this allows for flexible pay arrangements which is very helpful for an early-stage company.

• Premium Processing: USCIS offers Premium Processing for an additional fee, which expedites review of your O-1 application to 15 calendar days or less.

• Multiple O-1s: you are permitted to work at multiple companies on multiple O-1 visas.

Eligibility Requirements & Building Your “O-1 Portfolio”

You can qualify for an O-1A visa either by winning significant national or internationally recognized awards (like a Nobel Prize) or by meeting at least 3 of 8 of the following extraordinary ability criteria:

1. Awards: nationally or internationally recognized prizes or awards for excellence in your field

In the startup world, meeting the criteria for recognition of excellence involves various avenues. Startups can qualify by receiving government grants, participating in prestigious events or competitions and achieving notable success, obtaining industry awards or recognition or obtaining significant investment capital from venture capitalists. The key is to provide documentation demonstrating recognition for excellence, whether through financial backing or achievements in competitions. Past and present venture capital raised or recognition from business accelerators and incubators can also fulfill the criteria. To build your profile, aspiring startups can explore opportunities with major accelerators to showcase excellence in the business or apply for awards in your field. 

2. Critical Employment: employed in a critical or essential capacity for organizations or establishments with a distinguished reputation

This criterion can be demonstrated through letters of recommendation from current and past employers, confirming your pivotal role. If you held positions like startup founder, director, or manager, meeting this criteria is straightforward. Additionally, evidence of the organization's distinguished reputation can be established through media articles, documentation, or information about the company's clients and past collaborations with reputable brands. Demonstrate your impact on the company’s outputs or direction.

3. Press: published material about you in professional or major trade publications, or other media

This criterion requires publications about you or your work in major media, either nationally or internationally. If you've been interviewed or featured in significant articles with substantial traffic, providing copies of these publications supports meeting this requirement. For those lacking such publications, working with a PR team, lean into your network or pitching your products to publications is suggested to highlight your achievements and connect you with major media outlets. Foreign publications are also valid, and reliance on American media outlets is not necessary. Features in lesser-known outlets can also satisfy this criterion, but the larger the outlet, the more significant. Smaller industry-specific journals also count so focus on identifying what your business industry is and who the industry media leaders are in that space.

4. Judging: judging the work of peers in your field, either individually or on a panel

This criterion involves serving as a judge, either individually or on a panel, where you evaluate the work of others in your field or a related one. There are various ways to satisfy this requirement including sitting on a panel at a business competition, peer reviewing articles, judging a hackathon or tech events, reviewing a VC’s prospective investments, reviewing accelerator applications and more. The emphasis is on reviewing of the work of peers in your field to demonstrate to the government that you have sufficient expertise and are at the top of your field. Reach out to competitions in your field or leverage your networks and past involvement in competitions.

5. Memberships: memberships in associations that require outstanding achievements of their members, as judged by international experts

Membership in prestigious professional associations or organizations is a qualifying criterion, provided that these groups demand outstanding achievements from their members. Immigration scrutinizes the reputation, selectivity, and membership requirements of these associations. Being part of exclusive and selective associations enhances the chances of meeting this criterion. Joint at least one organization that is in your field or discipline, requires outstanding achievements and that involvement or membership in the organization is judged by experts in your field. Many startup founders demonstrate this through joining competitive accelerator programs.

6. High Remuneration: you have commanded a high salary or other significantly high remuneration

Another relatively straightforward criterion is showing that you have received a high salary from your current employer or past employer for your position when compared to others. Statistics regarding salary information for your position and geographic region, demonstrate that your salary is considered within the top range for your region. This can include government salary database statistics, or wage salary statistics. You can also include bonuses and equity as evidence. You should aim to be within the top 5% of reported salaries for your role and city.

7. Scholarly Articles: authorship of scholarly articles in professional publications, major trade publications or other major media

You can provide scholarly articles written by you in research publications or peer-reviewed journals. Most often this requirement will apply to researchers and scientists, however scholarly articles written in business or finance related publications will qualify for this criterion. You can reach out to relevant publications with an idea for an article.

8. Original Contributions: original contributions of major significance to your field

This criterion is a catch-all category for any other documentation that might not fit neatly in any of the other factors. Trademarks, patents, or intellectual property documentation are often provided for this category, as well as high profile contracts or business dealings. This criteria is sometimes overlooked or misunderstood. You need to have created something that has significantly impacted your field, which if you’re a startup founder, your startup itself is evidence of this. Demonstrate how your startup or your product is unique and significant and the impact of it.

You only need to meet at least 3 of the above criteria and evidence from one can be used to meet other criteria. We are here to help guide you through the process. Book a consult today or reach out if you have any questions!