Heller Immigration LawSan Francisco Bay Area, San Jose & Silicon Valley
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O-1 for Founders

For founders and entrepreneurs with extraordinary ability.

The O-1 is a work visa for people with sustained national or international acclaim in science, business, education, athletics or the arts. There is no annual cap or lottery.

Who This Is For

  • Founders and senior engineers with recognized achievements
  • Researchers with strong publication and citation records
  • Artists and creative professionals (O-1B)

What to Know

  • O-1A applicants generally show at least three of eight evidentiary criteria, such as awards, press, judging, original contributions or high salary.
  • A U.S. employer or agent files, and an advisory opinion from a peer group is usually required. Since January 2025, a separate company owned by the founder may also file, but only with genuine governance overseeing the founder's employment.
  • Initial approval can be for up to three years, with one-year extensions.

Founders, Entrepreneurs and Investors — Read This First

Owning a U.S. company, or investing in one, is not permission to work for it. Receiving dividends and attending board meetings as a shareholder is passive investment. Coding, hiring, selling, pitching, making daily decisions, or acting as chief executive is work — even if it is unpaid — and doing that work in the U.S. without work authorization can be unauthorized employment, with serious consequences for future visas and green cards.

O-1A still requires extraordinary ability: generally at least three of eight criteria, or a major award. Investment alone does not qualify anyone for O-1. A U.S. employer or agent files the petition, and since January 2025 a separate company owned by the founder may also file, but only with genuine governance — a board, investors, or another body that actually oversees the founder's employment. Ownership on paper alone is not enough.

Other paths fit other people: E-2 for treaty-country investors who will actively direct a substantial investment; L-1A for founders expanding a foreign company into a U.S. office; EB-5 for investment plus job creation toward a green card. Forming a company does not by itself give status or work authorization.

Forms Usually Involved

FormPurpose
I-129Petition for a Nonimmigrant Worker
I-907Premium Processing
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General information, not legal advice. Requirements and processing change; we confirm current rules for your case.

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