The O-1 visa for entrepreneurs is a remarkable opportunity for individuals with extraordinary abilities to bring their talents and innovations to the United States. Designed for those who have demonstrated exceptional achievement in fields such as business, science, education, or the arts, this visa provides a pathway to live and work in the U.S. as you grow your entrepreneurial ventures. Our firm focuses on guiding entrepreneurs through the O-1 visa process, including eligibility assessments, application preparation, and support letters, ensuring your petition stands out.
The O-1 visa for entrepreneurs is designed for individuals with extraordinary ability who aim to establish or expand their businesses in the United States. In 2023, 18,994 O-1 visas were issued, underscoring the exclusivity and demand for this pathway. Whether you’re a startup founder, CEO, or innovator, this visa offers unparalleled opportunities for those making significant contributions to their industries.
At the Law Office of Victoria Kuzmina, we focus on O-1 visas for entrepreneurs, providing personalized legal strategies to meet the unique needs of startup leaders, innovators, and business executives. We have successfully represented CEOs and CTOs in artificial intelligence, chief software engineers in cybersecurity, and business development executives driving international expansion. Our clients also include fintech product developers, SaaS entrepreneurs, and biotech innovators who are shaping industries and redefining innovation on a global scale.
Our firm has represented extraordinary professionals across various fields, including:
CEOs and CTOs in Artificial Intelligence (AI): Innovators leading AI-driven companies that have secured multimillion-dollar investments and partnerships.
Chief Software Engineers in Cybersecurity: Professionals developing cutting-edge technologies to combat cyber threats, adopted by major global corporations.
Business Development Executives: Visionaries driving international market expansion for high-growth startups.
Product Developers in Fintech: Creators of groundbreaking financial technologies transforming payment systems and banking solutions.
Tech Founders in SaaS: Entrepreneurs revolutionizing industries with scalable cloud-based platforms.
Innovators in Biotech: Researchers and developers pioneering advancements in medical technology and healthcare solutions.
These success stories highlight our tailored approach to showcasing extraordinary achievements and positioning our clients for O-1 visa approval.
Victoria Kuzmina, an experienced O-1 visa lawyer, has nearly a decade of success representing professionals in technology, fintech, product development, and beyond. With a deep understanding of the O-1 visa application process, we simplify complexities and ensure your achievements, leadership, and industry impact are effectively showcased.
If you are exploring the O-1 visa path, we invite you to schedule a consultation to discuss how we can help you achieve your U.S. business goals.
The O-1A visa is a U.S. non-immigrant visa for individuals with extraordinary ability in the fields of science, education, business, or athletics. It is designed for those who are recognized as being at the top of their field and have demonstrated sustained national or international acclaim.
The O-1A visa is an excellent option for entrepreneurs, startup founders, researchers, business leaders, and innovators seeking to bring their expertise to the United States. Unlike other work visas, the O-1A visa is flexible, allowing applicants to highlight their accomplishments and unique contributions to their industry.
For startup founders and business leaders, the O-1A visa offers unmatched flexibility. It enables you to enter the U.S. to develop your business, pitch to investors, grow your company, and contribute to innovation without many restrictions imposed by other work visas.
If you are an entrepreneur, startup leader, or professional with extraordinary achievements, the O-1A visa could be the key to advancing your business and career in the United States.
No Annual Cap:
O-1 visas are not subject to a yearly numerical limit, unlike the H-1B visa, providing more opportunities for approval.
No Prevailing Wage Requirement:
This is a significant advantage for startups or early-stage companies that may not yet have a consistent revenue stream or large budgets.
No Degree Requirement:
Unlike the H-1B visa, there is no mandatory minimum degree qualification.
No Citizenship or Investment Restrictions:
The O-1 visa is open to individuals of all nationalities and does not require a specific investment amount, unlike the E-2 visa.
Dual Intent:
The O-1 visa allows for dual intent, meaning applicants can pursue permanent residency in the U.S. while on the O-1 visa.
Path to Permanent Residency:
Individuals who qualify for the O-1 visa may also be eligible for a green card through the EB-1A extraordinary ability category or the EB-2 National Interest Waiver (NIW).
Contact our office today to schedule a consultation and learn how we can help you secure your O-1 visa.
The O-1A visa is a temporary work visa for individuals with extraordinary ability in the fields of science, education, business, or athletics. To qualify, applicants must demonstrate sustained national or international acclaim and prove that they are among the small percentage at the top of their field.
To establish eligibility, the applicant must provide evidence of either:
For entrepreneurs and startup founders, demonstrating extraordinary ability may require tailoring evidence to the unique nature of their work. Examples include:
If the listed criteria do not directly apply to their profession, comparable evidence may be submitted.
Meeting at least three criteria is a requirement, but it does not automatically guarantee approval. USCIS will evaluate the totality of the evidence to determine whether the applicant has:
Entrepreneurs must ensure that their evidence collectively paints a compelling narrative of extraordinary ability and a track record of success in their industry.
Final Note
The O-1A visa offers a flexible and powerful option for individuals at the top of their field to pursue work opportunities in the United States. For entrepreneurs, it provides a unique path to advance groundbreaking startups, attract investments, and make significant contributions to innovation and business in the U.S.
Form I-129 Petition: The first step involves filing Form I-129, Petition for a Nonimmigrant Worker, with U.S. Citizenship and Immigration Services (USCIS). This petition must include detailed evidence demonstrating the applicant’s extraordinary ability in their field, such as awards, media recognition, significant contributions, or leadership roles. If the I-129 is approved, the applicant receives an Approval Notice.
O-1A Visa Stamp: If the applicant is outside the United States, they must apply for an O-1A visa stamp at a U.S. consulate or embassy abroad using the approved I-129 petition. This includes submitting Form DS-160, scheduling a visa interview, and presenting the necessary documentation. However, if the applicant is already in the U.S., they may change or extend their status directly through the I-129 petition without needing to leave the country.
Form I-129 is a critical component of the O-1A visa process. Filed by a U.S. employer, agent, or foreign employer through a U.S. agent, it serves as the petition to classify an individual eligible for an O-1A status. The form must include supporting evidence that establishes the applicant’s extraordinary ability, such as awards, media coverage, memberships, or significant professional contributions. A detailed employment contract or itinerary of work and a consultation letter from a recognized expert or peer group are also required. A well-prepared I-129 petition is essential for obtaining USCIS approval and moving to the next step of the O-1A visa process.
The O-1 visa petition can be expedited by submitting Form I-907, Request for Premium Processing Service, along with Form I-129. Premium Processing allows USCIS to adjudicate the I-129 petition within 15 business days for an additional filing fee of $2,805.
This option is especially beneficial for individuals with time-sensitive needs, such as entrepreneurs launching a startup, professionals beginning critical work, or those with expiring statuses who need a quick decision.
To utilize Premium Processing:
While Premium Processing accelerates the adjudication of the I-129 petition, it does not speed up the subsequent steps, such as scheduling a visa interview at a U.S. consulate abroad or the issuance of an O-1 visa stamp. For applicants already in the United States, Premium Processing can be especially helpful for expedited status changes or extensions.
When applying for an O-1 visa, it is essential to plan for multiple stages of the process: preparing the petition, USCIS processing, and, if applicable, obtaining the O-1 visa stamp at a U.S. consulate abroad.
The O-1 application process is intricate and involves gathering evidence of your achievements, obtaining letters of recommendation, preparing USCIS forms, and drafting a comprehensive petition support letter. This preparatory stage requires significant time and collaboration with an immigration lawyer, U.S. employer, or agent. It is advisable to dedicate at least 2 to 4 months to ensure your petition is thorough and well-documented.
Once the O-1 petition (Form I-129) is submitted to USCIS by your immigration lawyer, employer, or agent, the processing timeline depends on the service option selected:
Regular Processing: USCIS may take several months to review and decide on the petition. Timelines can vary depending on USCIS workload and service center location.
Premium Processing: If a quicker decision is needed, Form I-907 can be filed to request Premium Processing. This service, available for an additional government fee of $2,805, ensures USCIS will adjudicate the petition within 15 business days.
Even in the strongest cases, USCIS may issue a Request for Evidence (RFE) seeking additional documentation or clarification. An RFE can extend the processing timeline significantly, often adding several weeks to months depending on the time needed to prepare and respond. Applicants should account for this possibility when planning their timelines.
If the applicant is outside the United States, obtaining an O-1 visa stamp is the next step following approval of the I-129 petition. This involves completing Form DS-160, scheduling a visa interview, and attending the interview. Processing times for visa issuance can vary widely depending on the consulate’s workload, appointment availability, and local conditions, taking anywhere from a few days to several months.
The O-1 visa process can take 3 to 6+ months or longer depending on preparation time, USCIS processing options, potential RFEs, and visa appointment availability. Working closely with an experienced immigration lawyer can help streamline the process, address challenges, and minimize delays. Proper planning and awareness of each step are critical to achieving a smooth and timely outcome.
The O-1 visa for entrepreneurs is employer-specific, meaning that the approved visa is tied to the U.S. employer or agent listed on the initial petition (Form I-129). If an O-1 visa holder wishes to change employers or if their current employment is terminated, the new U.S. employer must file a new O-1 petition with USCIS requesting to change employers. The previously approved O-1 visa cannot automatically transfer to a new employer until USCIS approves the new petition.
For entrepreneurs and startup founders, this process is particularly relevant. Entrepreneurs can sponsor themselves through their own U.S.-based startup acting as their employer. In this scenario:
The O-1 visa for entrepreneurs is subject to specific restrictions that applicants must carefully follow to maintain their lawful status in the United States.
The O-1 visa is employer-specific, meaning your employment is limited to the employer, agent, activities, and itineraries detailed in the approved Form I-129. If you wish to change employers, the new employer must file and receive approval for a new O-1 petition before you can begin new employment. Similarly, any material changes to your role, such as job title, responsibilities, or terms of employment, may require filing an amended petition with USCIS.
For entrepreneurs sponsoring themselves through their own U.S.-based startup, the startup must act as the formal employer and submit the O-1 petition. If transitioning to a new startup or business entity, the new entity must file a fresh petition to ensure compliance.
The O-1 visa does not allow freelancing or unrestricted self-employment. All work must be tied to the employer or agent listed in the approved petition. While O-1 visa holders can take on multiple projects through an agent-petitioner, each role must be clearly defined and pre-approved as part of the submitted itinerary. Engaging in any employment or activities outside the scope of the approved petition is prohibited and may jeopardize your O-1 status.
Employment must begin on the authorized start date listed in your petition approval notice. Working before the approved start date or continuing employment after the petition’s expiration is considered unauthorized work, which can have serious immigration consequences.
If your employment is terminated, your O-1 status immediately ends. However, you may qualify for a 60-day grace period to take necessary action, such as filing a new O-1 petition with a new employer, changing to another visa category, or preparing for departure from the United States.
The 60-day grace period is subject to the following conditions:
Extending an O1 visa status requires filing a new I-129 petition and supporting documents with USCIS. Some of those documents include:
Annually, USCIS approves O-1 visa applications at around an 80 to 95 percent rate. However, the approval rates can vary on various factors, including which service center processes the application. Please note that typically you cannot choose a processing center as the application must be submitted to the processing center that has jurisdiction over the matter.
There is no wage requirement for the O1 visas. Unlike H1B visas, which have a prevailing wage requirement, O1 visas are not subject to the same requirement. However, the salary that is being offered to the O1 applicant should be suitable for the position.
Spouses and children of O1 principal applicants can apply for O3 visas.
Spouses and children of O1 visa holders can live in the United States in the O3 visa status for as long as the O1 visa holder remains in a valid O1 status.
O3 visa holders can live in the US, travel, as well as study in the US.
O1 visa is a dual intent visa.
A dual intent visa means that a foreign national is allowed to have an intent to immigrate to the United States at the time they apply for a temporary nonimmigrant visa.
Because the O1 visa category allows for concurrent nonimmigrant and immigrant intent, the foreign national may apply for green card while in the U.S. in O1 nonimmigrant status. The green card application procedure is called “adjustment of status.”
While the O-1 visa for entrepreneurs does not directly lead to a green card, it opens doors to several permanent residency options. O-1 visa holders may explore green card categories such as EB-1A (Extraordinary Ability), EB-2 National Interest Waiver (NIW), or EB-2/EB-3 PERM sponsorship through a U.S. employer. Each pathway has unique eligibility requirements and benefits.
The EB-1A green card is one of the most aligned options for O-1 visa entrepreneurs, as the criteria are similar. However, the EB-1A requirements are more stringent, and qualifying for an O-1 visa does not guarantee eligibility for EB-1A. Applicants must demonstrate sustained national or international acclaim and that their contributions are significant to their field.
A major advantage of the EB-1A green card is its typically current priority date, which means eligible applicants can apply for a green card immediately upon approval of their EB-1A petition. Additionally, EB-1A allows self-petitioning, enabling entrepreneurs to apply independently without needing a U.S. employer or job offer.
The EB-2 NIW green card is ideal for entrepreneurs and professionals with advanced degrees or exceptional abilities who can prove that their work benefits the U.S. national interest. Applicants must demonstrate three key factors:
Like the EB-1A, the EB-2 NIW green card typically avoids backlogs and allows self-petitioning, making it a strong option for entrepreneurs pursuing innovative ventures in the United States.
By leveraging the opportunities provided by the O-1 visa for entrepreneurs, individuals can strategically transition to permanent residency through these green card pathways. To explore your eligibility and develop a tailored strategy, contact our immigration attorney with expertise in O-1 visas for entrepreneurs and employment-based green cards.
The O-1 visa cost generally includes three types of fees: attorney fees, administrative fees, and government filing fees.
At our law office, we provide comprehensive O-1 visa services tailored to your unique needs. Our attorney fee for preparing and filing the O-1 petition ranges from $8,000 to $9,000, depending on the complexity of the case. This reflects the strategic planning, expertise, and attention to detail required to build a strong and persuasive petition.
We offer a structured and highly personalized process designed to maximize your chances of success:
Strategic Planning and Case Analysis:
Evidence and Documentation Support:
Expert Letter Preparation:
Form Preparation and Legal Memorandum:
Petition Filing and Follow-Up:
The U.S. government filing fees for the O-1 visa petition now include updated amounts based on the size of the employer and a new mandatory Asylum Program feee:
Strong recommendation letters are an essential part of the O-1 visa for entrepreneurs, helping to demonstrate an applicant’s extraordinary ability and high level of success in their field. For entrepreneurs, these letters play a critical role in persuading USCIS adjudicators that the applicant has made significant contributions to their industry, solidifying their eligibility for the O-1 visa for entrepreneurs.
A compelling recommendation letter should be specific and clearly explain the O-1 visa for entrepreneurs applicant’s achievements, detailing the significance and impact of their work. It should also translate complex concepts into accessible language, ensuring USCIS can fully understand the applicant’s contributions to their industry.
While there are no strict requirements for drafting recommendation letters, the following best practices can help create strong support for an O-1 visa for entrepreneurs petition:
Credible Authors:
Showcasing Extraordinary Achievements:
Providing Evidence of Recognition:
Simplifying Complex Work:
By adhering to these guidelines, recommendation letters can effectively strengthen a petition for the O-1 visa for entrepreneurs, showcasing the applicant’s exceptional ability and leadership within their industry. For tailored guidance on drafting recommendation letters and preparing your O-1 visa for entrepreneurs petition, consult an experienced immigration attorney.
To obtain an O-1 visa for entrepreneurs, you need a U.S. employer to sponsor your application. However, the O-1 visa for entrepreneurs is an excellent option for startup founders, as they can apply for the O-1 visa for entrepreneurs through their own company, provided it is properly structured to meet sponsorship requirements. This makes the O-1 visa for entrepreneurs a flexible solution for innovators and business leaders seeking to establish their presence in the United States.
To secure an O-1 visa for entrepreneurs, a U.S. employer must sponsor the application. For startup founders, the O-1 visa for entrepreneurs is a great option, as they can use their own company to act as the sponsoring entity, even if they own the majority of the company. However, the company must be properly structured to meet sponsorship requirements, such as having a board of directors or other measures to demonstrate that the founder is not entirely self-petitioning. This flexibility makes the O-1 visa for entrepreneurs ideal for innovators and startup leaders looking to bring their extraordinary abilities and business ventures to the United States.
The O-1 visa for entrepreneurs requires a formal employer-employee relationship and does not allow for self-sponsorship. This means an applicant needs a U.S. employer or agent to act as the sponsor and petitioner for the O-1 visa for entrepreneurs. The sponsoring entity must have a connection to the applicant’s field of endeavor, ensuring that the applicant’s work aligns with their area of extraordinary achievement. However, the specific job does not need to require extraordinary ability, as long as the work falls within the applicant’s field of expertise.
A significant advantage of the O-1 visa for entrepreneurs is that applicants can use their own company, even one they founded or co-founded, as the sponsoring entity. Proper structuring of the company, such as having a board of directors or other mechanisms to demonstrate the employer-employee relationship, is crucial to meeting USCIS requirements. This flexibility makes the O-1 visa for entrepreneurs an excellent option for startup founders and innovators looking to work in the United States.
The O-1 visa for entrepreneurs (the stamp) is initially valid for two to three years, depending on the visa reciprocity schedule between the applicant’s home country and the United States. However, the status granted in the U.S. will match the petition approval dates. In some cases, the visa may be issued for the duration of a specific event, production, or project.
After the initial period, O-1 visa extensions are generally available in one-year increments, with no limit on the number of extensions that can be granted. In certain situations, applicants may qualify for another three-year extension if they are working on a new event, production, or project. To qualify for any extension, the O-1 visa for entrepreneurs applicant must demonstrate that they will continue in the same position or activity outlined in the original or new petition. This flexibility allows entrepreneurs to pursue ongoing or new ventures in the United States while maintaining their status.
The only limitation on O3 visa holders is that they are not allowed to work in the United States.
O1 visa has certain benefits over H1B visa: • Unlike H1B visas, O1 visas are not limited by an annual numerical limit. This means that O1 visa applicants do not need to play in a lottery because visa numbers will always be available. • O1 visa does not have a specific prevailing wage requirement compared to H1B visa. This can be a great advantage for startup companies that don't have a strong revenue stream yet. • O1 visa also does not require a minimum degree or a specialty occupation. Other benefits of O1 visas include: • O1 visa does not require specific citizenship or investment amount, unlike E2 visas. • O1 visa allows dual intent. This means that the O1 applicant is not required to keep their foreign residency and is not precluded from applying for permanent residency.
At our immigration law practice, we focus on securing the O-1 visa for entrepreneurs, startup founders, executives, and exceptional professionals in fields such as science, business, and education, as well as professional athletes. For over 10 years, Victoria Kuzmina has demonstrated excellence in business-based immigration, offering personalized guidance and a thorough understanding of complex O-1 visa requirements. When you choose to work with us, you’re partnering with a highly experienced legal team committed to your success.
The O-1 visa for entrepreneurs is designed for individuals with extraordinary abilities in business, education, and sciences. If you believe you qualify or have questions about the process, we encourage you to schedule a consultation with our dedicated O-1 visa attorney. Let us help you turn your achievements into an approved O-1 visa.
Securing an O-1 visa for entrepreneurs is a meticulous process requiring substantial evidence to demonstrate extraordinary ability. A typical O-1 visa application can easily exceed 800 pages of documentation, and every piece must be organized and presented clearly to meet USCIS standards. Our law firm is highly experienced in crafting strong, persuasive cases to ensure your O-1 application stands out.
When you work with us, we’ll:
We understand the challenges of navigating the complex O-1 visa for entrepreneurs process. Our mission is to make the application process efficient, effective, and stress-free. Whether you’re an entrepreneur launching a new venture, a startup founder seeking growth opportunities, or an executive driving innovation, we’re here to help you achieve your immigration goals with confidence.
Contact us today to schedule your consultation and take the first step toward securing your O-1 visa for entrepreneurs.
The Law Offices of Victoria V. Kuzmina provide US Immigration services to clients in 50 states and worldwide. If you need help or have questions about an immigration matter, please contact us by phone or email to set up a consultation with our immigration attorney.
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