As an immigrant startup founder, securing the right visa is crucial for realizing your entrepreneurial vision in the United States. The O-1A visa, designed for individuals with extraordinary ability in the sciences, business, athletics, education, or the arts, presents an attractive option worth exploring.
For startup founders, several of the 8 criteria are often naturally satisfied through the journey of building a successful venture!
1. Awards
Securing venture capital funding or winning prestigious industry awards (nationally or internationally) can serve as evidence of this criterion. Although there is no specific venture capital funding amount required to meet this criterion, the more substantial the funding, the easier it will be to demonstrate that your startup has gained “national” or “international” recognition and validation from investors or award committees.
2. Memberships
Participation in highly selective accelerator programs or membership in elite entrepreneurial organizations like Forbes 30 Under 30 or top startup accelerators can potentially meet this requirement.
3. Press
Media coverage highlighting your startup's journey, innovations, or your role as a founder in respected publications or outlets can demonstrate your extraordinary ability.
4. Original Contributions
As a startup founder, you may have made groundbreaking contributions through patented inventions, unique business models, or disruptive technologies that have significantly impacted your industry. It is important to demonstrate that you not only bring something “original” or unique to the table, but that evidence exists to show that this contribution has made an actual impact within your field.
5. Critical Employment
Founding and leading a venture-backed startup, especially one that has gained recognition or achieved significant milestones, can potentially satisfy this criteria.
While the above criteria are often the most relevant for startup founders, the remaining three criteria (participation as a judge, authorship of scholarly articles, and high salary/remuneration) may also apply in certain cases.
Tips for Building a Strong Case
- Thoroughly document all achievements, awards, media coverage, original contributions etc.
- Seek media coverage by engaging with journalists and industry publications
- Join prestigious entrepreneurial associations or accelerator programs
- Collaborate with renowned experts or organizations in your field
- Participate as a judge or speaker at relevant conferences, hackathons and events
The O-1A visa is initially valid for 3 years and can be extended annually with no maximum duration, providing long-term flexibility. By strategically documenting achievements and crafting a compelling petition, startup founders can make a strong case for this extraordinary ability visa!
The Application Process
Frequently Asked Questions
Pegah Karimabakhsh Asli is an Associate Attorney at Alma, where she advises startups, founders, and enterprise clients on a wide range of employment-based immigration matters. She has extensive experience preparing and filing petitions across key categories, including TN, H-1B, L-1, O-1, EB-1, NIW, and Adjustment of Status (AOS), and provides strategic counsel to clients navigating complex immigration pathways.
Before joining Alma, Pegah worked at Fragomen in Silicon Valley, where she supported multinational corporations and high-growth companies with business immigration strategy and case management.
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