Yes, an O-1 founder's own company can file the petition. As of October 21, 2026, the USCIS Policy Manual states that O-1 beneficiaries cannot petition for themselves, but "a separate legal entity owned by the beneficiary, such as a corporation or limited liability company, may file the petition on their behalf" (USCIS Policy Manual, Vol. 2, Part M, Ch. 3). USCIS added that sentence on January 8, 2025, in Policy Alert PA-2025-02 (USCIS, PA-2025-02).
The other route is a U.S. agent. The regulation lets an agent file for workers who are traditionally self-employed, who use agents to arrange short-term work with numerous employers, or whose foreign employer authorizes the agent to act for it (8 CFR 214.2(o)(2)(iv)(E)). Which one fits depends on how your work is actually structured, not on which sounds simpler.
- An O-1 petition may only be filed by a U.S. employer, a U.S. agent, or a foreign employer through a U.S. agent, under 8 CFR 214.2(o)(2)(i).
- An O-1 beneficiary may not petition for himself or herself, but a separate legal entity the beneficiary owns, such as a corporation or LLC, may file the petition.
- USCIS added the beneficiary-owned entity sentence to the Policy Manual in Policy Alert PA-2025-02, dated January 8, 2025.
- A U.S. agent may file for workers who are traditionally self-employed, who work short-term for numerous employers, or whose foreign employer authorizes the agent.
- An agent acting as the employer must provide a contract with the beneficiary that specifies the wage and other terms of employment.
- An O-1 petition can be approved for up to 3 years; the H-1B 18-month limit for majority-owner petitions has no counterpart in the O-1 rules.
Who is allowed to file an O-1 petition?
The O-1 regulation names three kinds of petitioner, and you are not one of them:
"An O-1 or O-2 petition may only be filed by a United States employer, a United States agent, or a foreign employer through a United States agent." 8 CFR 214.2(o)(2)(i)
The same paragraph ends with the line that rules out self-petitioning: an O alien "may not petition for himself or herself" (8 CFR 214.2(o)(2)(i)). A foreign employer cannot file directly either; it must use a U.S. agent, and that agent must be authorized to file the petition and to accept service of process in the United States on the foreign employer's behalf (8 CFR 214.2(o)(2)(i)).
So a founder has three practical options: a U.S. company files (which can be a company you own), a U.S. agent files, or a foreign company files through a U.S. agent.
O-1 for founders: can your own company be the petitioner?
Yes, provided the company is a legal entity separate from you. The Policy Manual says it directly:
"O beneficiaries may not petition for themselves. However, a separate legal entity owned by the beneficiary, such as a corporation or limited liability company, may file the petition on their behalf." USCIS Policy Manual, Volume 2, Part M, Chapter 3, Section A (current as of October 2, 2026)
USCIS repeats the point in its guide for entrepreneurs, which says O-1A work in your field of expertise "may include working for a business that you own," and that a separate legal entity you own, such as a corporation or LLC, may file on your behalf (USCIS, Nonimmigrant or Parole Pathways for Entrepreneur Employment).
Two things did not change. The regulation itself still bars self-petitioning; the January 2025 change was Policy Manual guidance, which the policy alert describes as "controlling" and superseding "any related prior guidance" (USCIS, PA-2025-02). And the evidence standard is the same for a founder as for anyone else: you still need a major internationally recognized award or evidence meeting at least three of the eight O-1A criteria (8 CFR 214.2(o)(3)(iii)).
The Policy Manual's examples are a corporation and an LLC. It does not set a minimum or maximum ownership stake for the petitioning entity (USCIS Policy Manual, Vol. 2, Part M, Ch. 3). How much governance the company should show, such as a board or other officers, is a question practitioners answer differently, so it is one to settle with your attorney before filing.
What does your company take on as the O-1 petitioner?
Being the petitioner is not a formality. Your company signs on to the same obligations any O-1 employer has:
- A contract with you. The petition must include any written contract between the petitioner and the beneficiary, or a summary of the terms of an oral agreement (8 CFR 214.2(o)(2)(ii)(B)). The summary must show the terms offered by the employer and the terms accepted by the employee (USCIS Policy Manual, Vol. 2, Part M, Ch. 7).
- A described event or activity. The petition needs an explanation of the events or activities, their start and end dates, and any itinerary (8 CFR 214.2(o)(2)(ii)(C)). A job can be the activity, but "speculative employment or freelancing are not allowed" (USCIS Policy Manual, Vol. 2, Part M, Ch. 9).
- An advisory opinion. Every O-1 petition needs a written advisory opinion from the appropriate consulting entity (8 CFR 214.2(o)(2)(ii)(D)). Our guide to the O-1 advisory opinion explains who can write one.
- Fees. The Form I-129 fee for an O petition is $1,055, and small employers pay half, rounded to the nearest $5 (8 CFR 106.2(a)(3)). A small employer is one with 25 or fewer full-time equivalent employees in the United States, counting affiliates and subsidiaries (8 CFR 106.1(f)(1)). The Asylum Program Fee is $600, or $300 for a small employer (8 CFR 106.2(c)(13)).
- Reporting changes. The petitioner must notify USCIS of changes in the terms of employment that may affect eligibility, and should file an amended petition if it continues to employ you (USCIS Policy Manual, Vol. 2, Part M, Ch. 3).
- Return transportation. If your employment ends for reasons other than voluntary resignation, the employer and the petitioner are jointly and severally liable for the reasonable cost of your return to your last place of residence abroad (8 CFR 214.2(o)(16)).
When does a US agent make more sense for a founder?
An agent can file in three situations: for workers who are traditionally self-employed, for workers who use agents to arrange short-term employment with numerous employers, and where a foreign employer authorizes the agent to act for it (8 CFR 214.2(o)(2)(iv)(E)). The agent may be your actual employer, the representative of both you and the employer, or someone the employer authorizes to act in its place (8 CFR 214.2(o)(2)(iv)(E)).
For founders, that usually covers two cases. The first is a founder whose company is incorporated abroad and has no U.S. entity; a foreign employer must use a U.S. agent and is then responsible for complying with the employer sanctions rules in section 274A of the Act (8 CFR 214.2(o)(2)(iv)(E)(3)). The second is a founder who also advises or consults for several U.S. companies. If you will work concurrently for more than one employer, each employer must file its own petition unless an established agent files (8 CFR 214.2(o)(2)(iv)(B)).
Agent petitions carry their own paperwork. An agent acting as your employer must show the contract:
"An agent performing the function of an employer must provide the contractual agreement between the agent and the beneficiary which specifies the wage offered and the other terms and conditions of employment of the beneficiary." 8 CFR 214.2(o)(2)(iv)(E)(1)
An agent filing for multiple employers must be in business as an agent, submit a complete itinerary with dates, employers and locations, and include the contracts between the employers and you (8 CFR 214.2(o)(2)(iv)(E)(2)). USCIS says the agent does not have to show it normally serves as an agent outside the petition, and a document signed by your other employers authorizing the agent to file can satisfy the authorization requirement (USCIS Policy Manual, Vol. 2, Part M, Ch. 3). If the agent cannot show that authorization, the validity period should be limited to the qualifying events where the agent will directly employ you (USCIS Policy Manual, Vol. 2, Part M, Ch. 3).
How do the two routes compare?
| Question | Your own U.S. company | A U.S. agent |
|---|---|---|
| Who signs Form I-129 | The company, as employer | The agent |
| Best fit | One U.S. company where you will work | A foreign employer, or several U.S. clients |
| Contract | Between the company and you | Between agent and you, plus employer contracts if several |
| Itinerary | The activity, which can be your job | A complete itinerary for multiple employers |
| Return transportation | The company | Employer and agent, jointly |
| Changing employers | New employer files a new petition | Amended petition with the new employer's evidence |
The table summarizes the rules at 8 CFR 214.2(o)(2) and (o)(16) and the Policy Manual, Chapter 3.
One contrast with the H-1B is worth knowing. An H-1B petition filed by a company in which the worker owns more than 50 percent, or has majority voting rights, is limited to 18 months on initial approval and on the first extension (8 CFR 214.2(h)(9)(iii)(E)). The O-1 rules have no such limit: an O-1 petition can be approved for the time needed for the event or activity, up to 3 years (8 CFR 214.2(o)(6)(iii)).
How does USCIS look at a founder's evidence?
The petitioner changes, but the evidence still has to show extraordinary ability. The Policy Manual includes several examples written for startups:
- Critical role. A "founder or co-founder of, or contributor of intellectual property to, a startup business that has a distinguished reputation" is listed as an example of a leading or critical role (USCIS Policy Manual, Vol. 2, Part M, Ch. 4).
- Distinguished reputation. For a startup, officers may treat significant funding from government entities, venture capital funds or angel investors, in line with rounds typical for its stage and industry, as a positive factor (USCIS Policy Manual, Vol. 2, Part M, Ch. 4).
- Salary credibility. For founders, officers consider that funding when judging how credible a contract or offer of prospective pay is (USCIS Policy Manual, Vol. 2, Part M, Ch. 4).
- Equity as comparable evidence. If a high salary is not readily applicable to an entrepreneur:
"the petitioner might present evidence that the beneficiary’s highly valued equity holdings in the startup are of comparable significance to the high salary criterion." USCIS Policy Manual, Volume 2, Part M, Chapter 4
USCIS also names "an engineer coming to start a technology company" as an example of an occupational transition, and asks whether the new work shares skills, knowledge or expertise with the work that earned you acclaim (USCIS Policy Manual, Vol. 2, Part M, Ch. 4). Our eight O-1A criteria guide walks through each criterion, and profile building for founders covers how to build the record.
What happens when you extend, or switch routes?
Extensions follow the activity. Continuing the same work in the same capacity can support an extension of up to 1 year, while a new event or activity, whether or not the employer changes, can support up to 3 years (USCIS Policy Manual, Vol. 2, Part M, Ch. 9). There is no limit on the number of extensions (USCIS Policy Manual, Vol. 2, Part M, Ch. 9). More detail is in O-1 extensions and changes.
Switching routes is a change of employer. A new employer must file a petition and request to extend your stay, and if an agent filed the original petition, an amended petition with evidence about the new employer is required (8 CFR 214.2(o)(2)(iv)(C)). See changing employers on an O-1 for why there is no portability.
What this means for you
If you will build one U.S. company and work for it, your own corporation or LLC is now a recognized petitioner, and you no longer need an outside sponsor. If your work runs through a foreign company or several clients, an agent is usually the cleaner structure. Before filing, check:
- Your U.S. company is a separate legal entity, such as a corporation or LLC
- There is a written contract, or a documented oral agreement, between the company and you
- The activity is defined, not speculative freelancing
- An advisory opinion from a peer group or expert is in hand
- Funding, equity and role evidence are mapped to specific O-1A criteria
- You know which fees apply, including small employer rates
- Your attorney has reviewed how the company's governance and contract will read to USCIS
Where to start
Our free evaluation maps your record against the O-1A criteria and flags the ones that are thin. If you are missing a criterion, Frank finds real opportunities to build it. When you are ready, your petition is reviewed and filed by our partner law firm, Lai & Turner, whether your own company or an agent is the petitioner.
Sources
All checked October 21, 2026.
- USCIS Policy Manual, Volume 2, Part M, Chapter 3, Petitioners (current as of October 2, 2026). Beneficiary-owned entity sentence; agent authorization; petitioner obligations.
- USCIS Policy Alert PA-2025-02, Evidentiary Requirements for O-1 Nonimmigrants (January 8, 2025). Date and scope of the beneficiary-owned entity guidance.
- 8 CFR 214.2(o) and (h), eCFR (current as of October 19, 2026). Who may file, agents, evidence, validity, return transportation, H-1B majority-owner limit.
- USCIS, Nonimmigrant or Parole Pathways for Entrepreneur Employment in the United States (last reviewed January 24, 2025). O-1A for a business you own.
- USCIS Policy Manual, Volume 2, Part M, Chapter 4, O-1 Beneficiaries (current as of October 2, 2026). Startup examples, equity as comparable evidence, occupational transition.
- USCIS Policy Manual, Volume 2, Part M, Chapter 7, Documentation and Evidence (current as of October 2, 2026). Oral agreement summaries.
- USCIS Policy Manual, Volume 2, Part M, Chapter 9, Admission, Extension of Stay, Change of Status, and Change of Employer (current as of October 2, 2026). Speculative employment; extension periods.
- 8 CFR 106.2, eCFR (current as of October 19, 2026). Form I-129 O fee and small employer reduction; Asylum Program Fee.
- 8 CFR 106.1, eCFR (current as of October 19, 2026). Definition of small employer.
Frequently asked questions
Can my startup sponsor my O-1 visa if I own it?
Yes. The USCIS Policy Manual says O beneficiaries may not petition for themselves, but a separate legal entity owned by the beneficiary, such as a corporation or limited liability company, may file the petition. That sentence was added on January 8, 2025, in Policy Alert PA-2025-02, and it is still in Volume 2, Part M, Chapter 3 as of October 2026. You still need to meet the O-1A evidence standard.
Is an O-1 through my own company the same as self-petitioning?
No. Self-petitioning means filing for yourself, and the O-1 regulation at 8 CFR 214.2(o)(2)(i) says an O alien may not do that. With a beneficiary-owned company, the company is the petitioner and you are the beneficiary. The company signs Form I-129, makes the contract with you, pays the fees and takes on the petitioner's obligations, such as return transportation costs if it ends your employment.
When should a founder use a US agent instead of their own company?
A U.S. agent fits when your work does not run through one U.S. company. The regulation allows agent petitions for traditionally self-employed workers, for people who arrange short-term work with numerous employers, and where a foreign employer authorizes the agent to act for it. A founder whose company is incorporated abroad, or who consults for several U.S. clients, is the typical case. Your attorney can confirm which fits.
Does owning more than half of my company limit my O-1 validity?
Not under the current O-1 rules. An O-1 petition can be approved for the time needed for the event or activity, up to 3 years, under 8 CFR 214.2(o)(6)(iii). The 18-month limit on initial approval and first extension for majority owners appears in the H-1B rules at 8 CFR 214.2(h)(9)(iii)(E), and the O-1 regulation has no equivalent provision.
Can equity in my startup count toward the O-1 high salary criterion?
It can, as comparable evidence. The USCIS Policy Manual says that if a high salary is not readily applicable to an entrepreneur's position, the petitioner might show that highly valued equity holdings in the startup are of comparable significance. Comparable evidence is still counted inside the rule that you meet at least three of the eight O-1A criteria.
Does the O-1 visa need sponsorship, or can it be self-sponsored?
It needs a petitioner, which is what most people mean by sponsorship. The regulation says an O-1 petition may only be filed by a United States employer, a United States agent, or a foreign employer through a United States agent, and the beneficiary may not petition for himself or herself. A founder's own company can be the petitioner if it is a separate legal entity.
Green Card Guide AI is not a law firm and this article is not legal advice. It describes evidence-building strategy in general terms; your attorney determines what belongs in your petition and how it's argued.
