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.
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.
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:
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:
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.
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.
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
This blog post is intended for informational purposes only and does not constitute legal advice. Viewing this information does not create an attorney-client relationship between you and the Law Office of Victoria V. Kuzmina. Every immigration case is unique, and the information provided may not apply to your specific circumstances. You should consult with an experienced immigration attorney to obtain advice tailored to your situation.
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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.