O-1 Visa for Startup Founders in the U.S.

Asım Kılınç, Immigration Attorney, CK Law Firm

Various visa options are available for startup founders and entrepreneurs to work in the United States. In this article, we will discuss how startup founders can apply for the U.S. O-1 visa while providing an overview of the O-1 visa itself. Below are the key topics we will cover in this post:

• Why Should Startup Founders Prefer the O-1 Visa?
• What Should You Consider When Applying for an O-1 Visa as a Startup Founder?
• What Are the Benefits of Applying for an O-1 Visa for Entrepreneurs?
• How Long Is the O-1 Visa Valid? How Many Years Can I Stay in the U.S.?

We frequently hear these questions from the clients we advise, and I will share the answers with you in the following sections of this article. However, if you have additional questions or if there’s anything unclear, please don’t hesitate to reach out. You can always contact us through the comment section of this blog or via the official CK Law Firm website. Additionally, feel free to connect with me directly on LinkedIn for personalized communication. Happy reading!

Why Should Startup Founders Prefer the O-1 Visa?

The O-1 visa is suitable not only for individuals with extraordinary abilities who receive a job offer but also for those establishing a startup in the U.S. With an O-1 visa, you can obtain a personal visa and start working for your own startup. However, it’s important to note that you cannot self-sponsor your O-1 visa application. Instead, the legal entity of your startup can act as your sponsor.

Proving Your Employment in Your Own Startup

Another important point to keep in mind is that you must prove you are an employee of your own startup or venture. This may require relinquishing certain authorities to demonstrate your employee status within the company. To clarify, it means that one or more individuals must have specific authority over you, such as the ability to hire, pay your salary, or terminate your employment if necessary.

No Previous Establishment Requirement for Startups

One of the biggest advantages of obtaining an O-1 visa for entrepreneurs and startup founders in the U.S. is that there is no requirement for the company to have been established in another country. In other words, you can apply for an O-1 visa and legally start working by founding a startup solely in the U.S. Moreover, there is no minimum annual revenue requirement during this process. It is sufficient for your startup to contribute economic or innovative value to the country.

Duration and Extension of the O-1 Visa

Another significant advantage of the O-1 visa is that it grants you the right to live and work in the U.S. for up to three years without restrictions. At the end of this period, you can extend your visa, provided you meet the necessary conditions. Additionally, the O-1 visa offers the opportunity to apply for a Green Card, allowing you to live and work permanently in the U.S.

Another important advantage of the O-1 visa is that it allows you to live and work in the U.S. for up to three years without any limitations. At the end of this period, you can extend your visa as long as you meet the necessary requirements. Moreover, the O-1 visa provides the opportunity to apply for a Green Card, giving you the chance to live and work permanently in the U.S.

These flexible conditions make the O-1 visa an attractive option for many foreign investors and startup founders aiming to pursue entrepreneurship in the U.S.

What Should You Consider When Applying for an O-1 Visa as a Startup Founder?

As an entrepreneur or startup founder, there are several critical steps you should consider before applying for an O-1 visa. These steps can be summarized as follows:

• Company Formation: Establish your company in the U.S. at least three months before applying to strengthen your visa application.
• Employer Identification Number (EIN): The EIN is a tax ID issued by the IRS, required for taxes, hiring, and financial transactions. Without it, you cannot open a U.S. bank account or hire employees. O-1 visa applicants must have an EIN.
• Company Documents: Submit your company’s formation documents (e.g., Articles of Incorporation) to prove official status. These must be approved by the state.
• Open a U.S. Bank Account: A U.S. bank account shows your business operates legally. Provide the EIN and formation documents when opening the account.
• Business License: Depending on your industry, you may need a license. Some states require it for certain services.
• Website and Brochure: Create a professional website and brochure to help immigration officers understand your business.
• Mailing Address: Have a mailing address for USCIS correspondence. A commercial address is preferable over a residential one.
• Office Address: An O-1 petition requires a work location. Use an actual office address, not a virtual or residential one.
• Prove Operations: Provide evidence of active operations, such as fundraising documents, contracts, or media coverage.

What Are the Benefits of Applying for an O-1 Visa for Entrepreneurs?

There is no specific time restriction for applying for a U.S. O-1 visa. This flexibility allows you to submit your application at any time once you have prepared the necessary documents. While applications are typically processed within 2 to 3 months, those who wish to expedite the process can use the Premium Processing Service, which reduces the evaluation time to as little as 15 days.

One of the key advantages of the O-1 visa is that it can be extended without any time limitation. Initially granted for a period of 3 years, the O-1 visa can be renewed indefinitely, provided valid justifications are presented. Additionally, O-1 visa holders may apply for a Green Card through the EB-1A visa if they meet certain conditions, allowing them to obtain permanent residency in the U.S.

Another important advantage of the O-1 visa is that it has no quota restrictions. This allows entrepreneurs and startup founders to apply for the visa at any time without being affected by a limited application cap. The flexible nature of the O-1 visa provides a significant opportunity for foreign entrepreneurs who wish to establish businesses and develop long-term projects in the U.S.

How Long Is the O-1 Visa Valid? How Many Years Can I Stay in the U.S.?

The O-1 visa is initially granted with a maximum validity period of 3 years. This duration is determined based on the visa holder’s project or employment contract in the U.S. For example, if you apply for an O-1 visa as an entrepreneur for a specific business project, the visa may be approved for less than 3 years, depending on the project’s timeline. However, after the initial 3-year period, visa holders can request annual extensions by providing valid reasons and demonstrating that their activities in the U.S. are ongoing. There is no limit to the number of extensions, but each extension request must be supported by documentation proving the continuation of the project.

The O-1 visa, with its flexible duration and unlimited extension options, is an attractive choice for entrepreneurs aiming to execute long-term projects in the U.S. Moreover, O-1 visa holders who meet certain criteria can apply for a Green Card through the EB-1A visa, allowing them to obtain permanent residency in the U.S. This feature makes the O-1 visa not just a short-term solution but an integral part of long-term immigration plans.

Therefore, if you are looking to open the door to working and living in the U.S., feel free to seek assistance through our website. You can also reach out to me directly via LinkedIn.