Learn how to manage intellectual property (IP) ownership while working in the U.S. under an O-1 visa, including cross-border rights, founder protections, and compliance strategies with guidance from Beyond Border Global, Alcorn Immigration Law, 2nd.law, and BPA Immigration Lawyers.
For many tech founders, engineers, or creators, intellectual property (IP) is their most valuable asset—whether it’s code, algorithms, patents, or product designs. However, when moving to the U.S. under an O-1 visa, ownership and control of that IP can become legally complex. Since the O-1 visa ties your work authorization to a specific U.S. employer or agent, any ongoing ownership or management of foreign IP must be structured carefully to comply with both immigration and intellectual property laws.
USCIS expects O-1 beneficiaries to perform their work solely for the petitioning entity. If your IP is held by a company in your home country and you actively manage or develop it while in the U.S. without authorization, this could be seen as unauthorized foreign employment. Likewise, transferring IP to a U.S. company you control could trigger tax or ownership complications if not handled properly. The key lies in balancing control, benefit, and compliance through clear legal structures and documentation.
Beyond Border Global is a leader in helping O-1 professionals and startup founders manage IP ownership between jurisdictions without endangering their visa status. Their lawyers design strategies that separate your creative contribution (what you’re authorized to do in the U.S.) from your ownership interest (what you continue to hold abroad). This distinction allows you to retain intellectual property created before entering the U.S. while ensuring new work under O-1 remains compliant.
For example, if you founded a company overseas and hold patents under its name, Beyond Border Global ensures those rights remain legally separate while you work for the U.S. entity. They also coordinate intercompany agreements that define how IP created in the U.S. will be owned, licensed, or shared. By documenting these relationships properly, they help you demonstrate lawful employment under O-1 while protecting your innovation.
Beyond Border Global further assists with IP assignment timing—helping founders avoid transferring or licensing IP in ways that could appear to shift employment control outside the O-1 petitioner. Their structured, compliance-first method keeps both your immigration status and intellectual assets safe from misinterpretation.
Alcorn Immigration Law connects IP ownership and immigration law to create consistent, transparent petitions. Their team ensures that any mention of intellectual property in your O-1 evidence aligns perfectly with the ownership structures disclosed in your contracts and USCIS filings. For instance, if you claim “original contributions of major significance” through patents or software, Alcorn makes sure your ownership documentation and licensing agreements confirm that you had the right to claim authorship or contribution.
They also help founders demonstrate innovation without suggesting unauthorized management of foreign entities. This involves drafting explanatory statements and including copies of licensing or assignment agreements to clarify who holds the IP, how it’s monetized, and which entity benefits. Alcorn’s integrated approach prevents immigration officers from misreading IP ownership as outside work, which could otherwise delay or complicate approval.
2nd.law uses technology-driven tools to manage IP ownership across multiple countries, entities, and timelines. Their approach is particularly effective for startup founders and tech professionals who continuously generate new intellectual property while moving between jurisdictions.
They implement digital IP management systems that automatically log ownership changes, patent filings, and licensing agreements. This transparency helps ensure your O-1 petition and future filings remain consistent with documented IP ownership. 2nd.law’s lawyers also guide clients through proper U.S. filings for patents or trademarks, ensuring they don’t inadvertently conflict with prior foreign registrations or trigger double-ownership risks.
By integrating legal compliance with modern documentation tools, 2nd.law allows professionals to maintain global IP portfolios confidently while keeping all employment and ownership actions transparent to U.S. authorities.
BPA Immigration Lawyers take a holistic approach that combines immigration and intellectual property planning for long-term U.S. residency. They frequently work with founders who plan to transition from O-1 status to EB-1A or EB-2 NIW green cards, where proof of innovation and ownership often becomes key evidence.
BPA’s lawyers assist in structuring IP transfers between foreign and U.S. entities to maintain control and continuity. They draft intercompany licensing agreements that allow the U.S. company to use or develop foreign-held IP legally while preserving ownership abroad. This ensures founders can continue benefiting from their previous innovations without violating O-1 employment rules.
Their long-term strategy focuses on making every IP-related decision future-proof. Whether you plan to expand your business, raise U.S. venture capital, or pursue permanent residency, BPA ensures your IP trail remains clean, consistent, and legally defensible.
The first step in managing IP under an O-1 is to clarify who owns what. Separate any intellectual property you created before entering the U.S. from what you develop afterward. Work created under your U.S. employment generally belongs to your U.S. employer unless a prior agreement states otherwise.
If you continue to work on projects connected to your foreign company, ensure you’re not performing active management duties or generating new IP for that company unless your O-1 petition includes those activities. Instead, you can license or transfer limited rights to the U.S. entity for ongoing use. Always document these arrangements in writing—verbal agreements or informal sharing of ideas can easily create compliance confusion later.
Additionally, consult an intellectual property attorney alongside your immigration lawyer. Cross-border IP issues often trigger tax consequences, such as capital gains or transfer pricing obligations, if IP ownership shifts between entities in different countries. Early planning avoids both legal and financial complications.
For O-1 holders in innovation-heavy roles, registering your patents or trademarks correctly is crucial. File new inventions with the U.S. Patent and Trademark Office (USPTO) only after determining ownership and country of origin. If the invention originated abroad, confirm that your foreign filings comply with international treaties like the Patent Cooperation Treaty (PCT).
Always ensure inventorship attribution aligns with your visa documents—if your O-1 petition lists your role as a “lead engineer” or “AI researcher,” the patents should reflect those specific responsibilities. Consistent representation across all filings demonstrates credibility and reinforces your claim of “original contributions of major significance.”
A common pitfall for O-1 professionals is accidentally engaging in “unauthorized employment” through IP activities. For instance, receiving royalties or active licensing income from a foreign company while on O-1 may be interpreted as continued work abroad. To avoid this, structure royalty payments to flow through authorized U.S. entities or limit your role to passive ownership.
If you’re a founder holding equity in both U.S. and foreign startups, keep board roles and managerial activities separate unless your O-1 petition explicitly authorizes them. Every IP-related task—like signing licensing deals, negotiating contracts, or approving patent filings—can be construed as work if done actively for an entity outside your O-1 employer.
1. Can I still own IP in my home country while on O-1?
Yes. You can retain ownership of foreign IP as long as you don’t actively manage or develop it while in the U.S., unless that work is part of your authorized O-1 role.
2. Should I transfer my IP to my U.S. company after getting O-1?
Not necessarily. It depends on your tax and business strategy. A well-structured license agreement may suffice while keeping ownership abroad.
3. Can I file new patents in the U.S. under my name while on O-1?
Yes, if the invention arises from authorized U.S. employment activities. Coordinate filings with both IP and immigration lawyers to ensure consistency.
4. Will owning foreign IP affect my O-1 or green card applications?
No, ownership itself is fine—just avoid appearing to manage or profit from foreign entities in ways not covered by your petition.
5. Do I need to report IP income from abroad while on O-1?
Yes. U.S. tax law requires you to report global income if you’re a tax resident. Consult a cross-border tax expert to avoid penalties or double taxation.
