The O-1 Visa for Startup Founders Who Want to Move to the USA

When you move to the USA, the visa is often seen as one of the biggest hurdles. For startup founders, though, the O-1 visa offers an exciting way to get one of these sought-after visas, with real advantages on top.

1What the O-1 visa is

The O-1 visa is a US nonimmigrant visa issued with a validity of three years. It was created to boost the US economy with professionals who have extraordinary abilities. For startup founders, it opens the door to building their business while living in the USA. Compared with other visas such as the B-1 business visa, it also has advantages, for example in the permitted length of stay and the activities you're allowed to carry out. And in the long run, it puts you in a position to apply for permanent residence later on.

The visa is open to people with extraordinary ability in fields such as science, business, education, sports and the arts, as well as film and television. That makes company founders just as eligible as authors and graphic designers.

You have to prove the extraordinary ability the visa requires. To do so, you either need to have received a major international award such as the Nobel Prize or meet three of eight criteria.

The O-1 visa is also one of the US visa options for freelancers, the self-employed & influencers. 

2Possible evidence for startup founders

You need to be able to prove the extraordinary ability required for the O-1 visa. The following can serve as evidence:

• You have received nationally or internationally recognized prizes or awards for excellence in your field.
• You are a member of one or more associations in your field. These must be associations that require outstanding achievements of their members.
• You can show published material about you and your work in trade journals or major media.
• You have published articles on your field in relevant professional media yourself.
• You have judged the work of others in your field, for example as a jury member at a competition.
• You have held a critical role in a company or organization with a distinguished reputation.
• You can show good pay for your work in your field. This can also be your expected salary.
• You were involved in productions or research projects that have a strong reputation or generated significant revenue.

If you can't provide this kind of evidence yet, you can work toward it deliberately.

3Qualifying step by step

3.1Awards

No Grammy or similar award to show? Look around your field for one. Many industries hand out prizes you can actively apply for or submit projects to. Find out what it takes to be nominated and go after an award actively. Unfortunately, prizes or awards from your student days are not accepted as evidence.

3.2Membership in associations

Every field has its associations, whether in business, the arts or academia. If you're not a member yet, seek membership in an association with an outstanding reputation.

3.3Media coverage

Has a trade journal or a major daily newspaper reported on your startup? Then that can serve as evidence. If not, actively pursue coverage of you and your work. You can, for example, write press releases about your company and send them to the relevant editorial teams.

3.4Your own publications

In science especially, hardly anyone gets by without publishing articles in relevant journals. But in other fields, too, you can write articles and actively pitch them to the editors.

3.5Judging the work of others

Actively seek a place on a jury as an expert. There are competitions in all kinds of fields. For startup founders, juries at startup or pitch competitions are a natural fit.

3.6A critical role or position

As a startup founder in particular, you are a key factor in your company's success. Use that and explain your role as founder. Prove the success of your existing company with evidence of funding, awards, a large customer base or revenue reports. If you held a critical role at a company or institution in the past, documents such as a reference from your employer can help. Here, too, it's important to be able to show the company's good reputation.

3.7High remuneration

The big advantage of this criterion is that there's no minimum salary requirement. If you can't show high salaries, you can cite your startup's seed capital to meet the remuneration criterion. Your salary expectations for your future position can also be submitted as evidence.

3.8Involvement in new productions or research projects

With this criterion, too, a little creativity can help you meet the evidence requirements. Maybe your startup has already drawn up the first plans for an innovative product and you plan to patent it? Then that can count as evidence. Or were you involved in significant development projects? Then have a former employer confirm it, for example. 

We're happy to answer your individual questions about the O-1 visa and the evidence you need in a consultation! To learn how to sponsor your O-1 visa through your own company and what to expect in costs and fees, read our related articles.

In short

• The O-1 is a nonimmigrant visa valid for three years that lets founders build their business in the USA.
• You need to show a major international award or meet three of eight criteria.
• For founders, press coverage, judging at pitch competitions, a critical role in your own company and remuneration are good options.
• If you're still missing evidence, you can work toward it deliberately.

How we help you

• Visa Roadmap for Company FormationFormation and visa in one plan, so the company carries the visa.
• Visa RoadmapIn writing: which visa fits you and your family, prepared with the immigration attorney on the firm's team.
• Form a CorporationThe US corporation (Inc) for growth, investors and your visa.
• Visa and Green Card ConsultationWhich route to the USA fits you, settled in one conversation.