Explaining the O-1 Visa for Founders

A guide to the requirements, timeline, cost and overall process for the O-1 Visa

What is the O-1 Visa?

The O-1 visa is for individuals who have achieved extraordinary success in their field - whether in science, business, the arts, education, athletics, or entertainment. Think of it as a visa designed for top-tier talent, from award-winning filmmakers to pioneering scientists.

Unlike other visas such as the H-1B, it comes with significant advantages:

Unlimited renewals – You can keep extending it as long as you continue to qualify.
Work flexibility – You can work for multiple employers or even your own company, concurrently.
No lottery or registration deadlines – There’s no annual cap, so you can apply whenever you're ready.

In short, it is the best non-immigrant visa for the United States, with transparent requirements, and can lead to a Green Card (EB-1).

O-1 Visa Subcategories

O-1A: For individuals excelling in business, science, education, or athletics. This category includes top entrepreneurs (eg. Tech Founders), CEOs, medical innovators, data scientists, and renowned researchers.

O-1B: For individuals in the arts, film, or television. This could include award-winning actors, celebrated directors, fashion designers, choreographers, or visual artists with critical acclaim.

O-1 Visa Requirements

To put it simply, the O-1 Visa is all about proving your extraordinary ability. Whether you're a tech founder whose startup landed major funding, a chef reinventing fine dining, or a scientist whose research is impactful, your O-1 application must highlight your achievements with strong evidence.

In this article, we'll focus the requirements and processes for Business Owners, Tech Executives, CEOs and Entrepreneurs/Founders. If you're a scientist, artist, educator or athelete, click through and read our dedicated guide for your subcategory.

Business and Entrepreneurship (O-1A)

To qualify, entrepreneurs typically provide:

Proof of major business success (such as company acquisitions, IPOs, or funding milestones).
Awards or recognition (such as inclusion in "30 Under 30" lists or top entrepreneur rankings).
Published work or media features on your business impact.
Evidence of serving as a key leader in an influential company (CEO, CTO).
Invitations to speak at major industry events.
Memberships in exclusive business organizations (eg. ).

Self-Petitioning for Founders

While you can’t technically self-sponsor, you can use your own company as your visa sponsor. Note that this takes careful planning, but if your business has secured contracts, investment, or key partnerships, it can support your O-1 petition. The key is to show that you have confirmed work waiting for you, not just an idea or plan.

Resolving Ambiguities, if Your Achievements Don’t Fit the Usual Criteria

If your field doesn’t have clear-cut standards for "extraordinary ability," you can present comparable evidence - such as letters from top professionals in your industry, to demonstrate your expertise.

O-1 Visa Processing Time

The processing time varies depending on where you file.

At the California Service Centre, its 2-3 months, while at Vermont Service Center, its currently around 5 weeks.

You can also pay for Premium Processing if you need your visa urgently. USCIS ensures a response within 15 days for an additional fee.

How long is the O-1 visa valid for? How is the renewal process like?

TThe initial O-1 visa is valid for up to three years. If your work extends beyond that, you can renew it in one-year increments indefinitely - so long as you continue to meet the qualifications. The renewal process is typically straightforward, and as an attorney puts it, “you won’t stop being extraordinary overnight”.

Does the O-1 Visa lead towards a EB-1 Visa (Green Card)?

Yes! Although the O-1 itself isn’t a green card, it allows dual intent, meaning you can apply for permanent residency while holding an O-1. Many professionals use it as a stepping stone toward a green card through employment-based sponsorship or other routes.

Application Cost for O-1 Visa

Form I-129 Filing Fee: $1,055 (or $530 for nonprofits and small employers).

Premium Processing (optional): $2,805 for a 15-day turnaround.

How to Apply for an O-1 Visa?

A U.S. employer, agent, or sponsor must file Form I-129 on your behalf. Key steps include:

Secure an advisory letter - A peer group or industry organization must confirm your extraordinary ability.
Submit a strong portfolio - Include contracts, evidence of past achievements, and proof of continued work in your field.
File on time - Submit at least 45 days before your job starts, but no more than six months in advance.

Required Documents and Evidence

Again, back to the point of proving extraordinary ability. This could include:

Membership in exclusive professional organizations.
Nationally or internationally recognized awards.
Published articles about your work.
Evidence of major commercial or critical success.
Proof of high earnings due to your expertise.
Media appearance, public events

For a full breakdown of acceptable evidence, refer to the USCIS policy manual (Volume 2, Part M, Chapter 4).

Final Thoughts & Important Tips

The O-1 visa is a fantastic option for top talent looking to work in the U.S. If you’ve built an exceptional career, this visa could be your pathway to bigger opportunities in the U.S.

In my opinion, it takes experience to understand what qualifies within the various criteria. If you are unclear about these or not certain how your unique achievements fit in with the requirements, get in touch with us and we'll be happy to help.

Or, if you have questions regarding timelines, or how to navigate the process, book a free consultation with our team.

For Founders