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Significant Updates to O-1A Visa Guidance: What Entrepreneurs Need to Know

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The O-1A visa, commonly known as the “extraordinary ability visa,” has long been a powerful tool for entrepreneurs, innovators, and business leaders aiming to establish their presence in the United States. On January 8, 2025, USCIS issued important updates to its Policy Manual, providing new clarifications that could significantly impact how entrepreneurs approach their O-1A visa petitions.

Here’s what you need to know about the recent O-1A visa updates, especially if you’re an entrepreneur or a startup founder:

1. Eligible Petitioners: Entrepreneurs Can Leverage Agents or Their Own Companies

One notable clarification is that O-1 beneficiaries cannot petition for themselves. However, entrepreneurs can file through:

This opens up significant flexibility for founders who are not tied to a single employer, enabling them to structure their immigration strategy in a way that aligns with their business operations.

2. New Emphasis on Totality of Evidence for “Extraordinary Ability”

Meeting three regulatory criteria isn’t enough to guarantee O-1A approval. USCIS evaluates the totality of the evidence to determine whether the beneficiary demonstrates sustained national or international acclaim and ranks among the top in their field.

For entrepreneurs, the following examples could be especially impactful:

3. Expanded Guidance on Supporting Evidence for Entrepreneurs

USCIS provided concrete examples for the eight regulatory criteria. Below are some criteria particularly relevant to entrepreneurs, along with new insights from the updated guidance:

4. Comparable Evidence: A Path for Non-Traditional Entrepreneurs

Not all criteria apply neatly to entrepreneurial roles. USCIS clarified that comparable evidence can be submitted when specific criteria don’t readily apply.

For instance:

This flexibility allows entrepreneurs to present their unique achievements while addressing the regulatory requirements.

5. Petitioner Obligations: Immediate Reporting and Transportation Costs

Employers and petitioners must promptly report any changes in employment terms that could impact eligibility. Additionally, employers are jointly liable for the reasonable return transportation costs if an O-1A employee’s role ends involuntarily.

Why These Updates Matter to Entrepreneurs

USCIS’s January 2025 updates highlight the importance of crafting a strategic narrative in O-1A petitions. By focusing on the totality of evidence, the updates encourage petitioners to present a holistic view of their achievements. For entrepreneurs, this means showcasing your business’s innovation, its impact on your industry, and your pivotal role in its success.


At our firm, we’ve helped a variety of entrepreneurs navigate the complexities of the O-1A visa process. Whether you’re a startup founder, innovator, or executive, we can help identify the strongest evidence to support your petition and guide you through these new policy updates.

If you’d like to discuss how the new USCIS guidelines might impact your O-1A application, feel free to reach out or schedule a consultation. https://calendly.com/kuzmina/60-minute-immigration-planning Let’s build your case for success in the United States.

Source: https://www.uscis.gov/policy-manual/volume-2-part-m

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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.


Maximize Your EB-1A and O-1A Visa Success with Our Immigration Lawyer.

Our knowledgeable immigration attorney is committed to helping professionals, entrepreneurs, startup founders, and business leaders successfully navigate the EB-1A and O-1A visa processes. We proudly serve clients across all 50 states and internationally, providing tailored support for those pursuing extraordinary ability visas.

The EB-1A and O-1A visa application process can be complex and overwhelming, but you don’t have to go through it alone. Whether you’re self-petitioning, preparing to file independently, or need assistance in partnership with your U.S. employer, we offer guidance to simplify the journey and maximize your chances of success.

If you’re preparing your application or need advice on strengthening your major media coverage and supporting evidence, our immigration team is ready to assist. Reach out today for personalized support designed to highlight your extraordinary achievements and build a compelling case for approval.

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