O-1A: the visa for founders who built the evidence first

The O-1A is a temporary US work visa for people with "extraordinary ability" in the sciences, education, business or athletics. For a founder, the business category is where the case is made.

Three things separate it from the H-1B. There is no lottery and no annual cap. The US company you founded can be the petitioning employer, as long as the employer–employee relationship is real — for example, a board that could remove you. And if you work across several clients or projects, a US agent can file one petition covering them.

"Extraordinary" does not mean famous. In law it means you are among the small percentage who have risen to the top of the field — and you show it with documents, not description.

You need at least three of these eight (or a one-time major international award). They are ordered from most to least realistic for a founder:

• Press: published material about you or your work in major media or a respected trade publication. Paid placements and your own blog do not count.
• Judging: judging the work of others — a startup competition, an accelerator selection panel, a grant panel, peer review.
• Critical role: a critical or essential role at an organisation with a distinguished reputation. Your own company can qualify, if its reputation is documented.
• Original contribution: original work of major significance that is used outside your own company. A good product is not enough; its effect on others has to be shown.
• Award: a nationally or internationally recognised prize for excellence.
• Membership: membership in an association that requires outstanding achievement and is judged by recognised experts.
• Authorship: scholarly articles in professional journals or major media.
• High salary: compensation that is high relative to others in the field. Weak as a third criterion — better as a supplement.

USCIS reviews in two steps. First: does each piece of evidence actually meet the criterion as defined? Then: taken together, does the evidence show this person is at the top of the field?

That is why three strong exhibits beat six average ones. A single weak exhibit can colour the reading of the whole file.

The initial petition is approved for up to three years. After that, extensions to continue the same activity are granted for up to one year at a time.

A new event or activity — a new company, a new role — can support a new petition and a fresh period of up to three years. "The O-1 renews in three-year increments" is not accurate.

There is no overall cap on years in O-1 status. As long as the activity and the evidence continue, extensions remain possible.

The O-1 has no foreign-residence requirement. Under 8 CFR 214.2(o)(13), filing an immigrant petition for you is not a ground to deny the O-1. In practice, the O-1A is a common way to enter and keep building toward EB-1A or EB-2 NIW.

The EB-1A criteria resemble the O-1A list, but the bar is much higher and requires sustained acclaim. The evidence you build for the O-1A, if it keeps growing, becomes the foundation of the green-card case.

A simple rule that immigration attorneys in this field use too:

• No criterion complete: too early. This is the time to build evidence.
• Two criteria complete and working on a third: time to consult.
• Nine months or less to filing: time to assemble the petition — ideally before you relocate, close a round or make your first hire.

We are not US immigration attorneys and we do not file petitions. A US-licensed immigration attorney files.

Our work comes before the attorney: assessing the profile, a nine-to-twelve-month plan to build three strong criteria (judging, press, a critical role, measurable impact), and one evidence data room the attorney can build the petition straight from.