O-1 for founders
Can a founder get an O-1 visa through their own company?
It can be possible. You cannot file for yourself, but a separate company you own can. Here is how the filing works, and the evidence founders often have.
Last checked October 2026 · Sources
- File for yourself
- No
- Your own company files
- Yes, if a separate entity
- First approval
- Up to 3 years
- O-1 legal fee from
- $6,999 flat
Quick answer
Can I get an O-1 through my own startup?
Yes, it is possible. The USCIS Policy Manual says O beneficiaries “may not petition for themselves.” It adds: “However, a separate legal entity owned by the beneficiary, such as a corporation or limited liability company, may file the petition on their behalf” (Vol. 2, Part M, Ch. 3). You still must meet the O-1A standard on your own record.
- Your US corporation or LLC can be the petitioner on Form I-129.
- A US agent can file instead, for example if you work for several companies.
- A foreign company cannot file directly. It must use a US agent.
- Practical guidance: funding, press, judging and your founder role are common founder evidence.
Who can file
Founder O-1 filing options at a glance
Every O-1 needs a petitioner. The rules allow a US employer, a US agent, or a foreign employer through a US agent (8 CFR 214.2(o)(2)(i)).
| Option | Who files | When founders use it | What the petition needs |
|---|---|---|---|
| Your own US company | Your corporation or LLC, as your employer | You will work for the startup you founded in the US | Your contract, or a summary of the oral terms, plus the events or activities with start and end dates |
| Agent as your employer | A US agent that is your actual employer | The agent pays you and sets your terms | The contract between the agent and you, with the wage offered and other terms (8 CFR 214.2(o)(2)(iv)(E)(1)) |
| Agent for several employers | A person or company in business as an agent | You will also advise or work for other companies | A complete itinerary with dates, each employer’s name and address, the work locations, and contracts between the employers and you |
| Foreign company through a US agent | A US agent your foreign company authorizes | Your company is based abroad | The agent must be authorized to file and to accept service of process in the US for the foreign employer |
Source: 8 CFR 214.2(o)(2)(i) and (iv)(E) and the USCIS Policy Manual, Vol. 2, Part M, Ch. 3, current as of Oct. 2, 2026. Every O-1 also needs a written advisory opinion from a peer group or expert (8 CFR 214.2(o)(2)(ii)(D)). More on agents: O-1 agent guide.
The employer question
How does the employer and employee relationship work for founders?
The O-1 rules do not add a special founder test. They say who may file. The petition must include your contract, or a summary of an oral agreement (8 CFR 214.2(o)(2)(ii)(B)). If an agent acts as your employer, its contract must state your wage and other terms (214.2(o)(2)(iv)(E)(1)).
Practical guidance: your company should be a real, separate legal entity that can sign your contract and pay you. A partner-firm attorney can help settle who directs your work and how your board fits in.
Your evidence
Evidence founders typically have, by O-1A criterion
Practical guidance on where founder work usually fits. You need a major award or at least 3 of 8 criteria (8 CFR 214.2(o)(3)(iii)). What counts is decided on your documents.
| Criterion | Typical founder evidence | What USCIS says |
|---|---|---|
| Critical or essential role | Founder or co-founder of a funded startup | Names a founder or co-founder of a startup with a distinguished reputation as an example. Significant funding from venture capital, angels or government can be a positive factor for reputation. |
| High salary | Salary in your contract, or valuable equity | Officers may weigh startup funding when judging if your offered pay is credible. If high salary does not readily apply, highly valued equity may be comparable evidence. |
| Press about you | Articles about you and your company in major or trade media | Must be about you and your work. A passing mention does not count. |
| Judging | Judging pitch competitions, accelerator applications or grant panels | You must show you actually judged, not only that you were invited. |
| Original contributions | Products, patents or code others adopt or license | Commercial use and licensing can help. Being funded or patented alone does not prove major significance. |
| Awards | National startup or industry awards | National or international recognition for excellence in your field |
Source: USCIS Policy Manual, Vol. 2, Part M, Ch. 4, current as of Oct. 2, 2026. Getting into an accelerator is not the same as judging, and may not meet the membership criterion. See profile building for founders.
This week
What to do this week
Practical guidance. A partner-firm attorney confirms the structure for your case.
-
Check your company setup
Confirm your US corporation or LLC is formed and can sign a contract and run payroll. If your company is abroad, plan for a US agent.
-
Write down your future work
List what you will do in the US, with start and end dates. The petition needs this, plus an itinerary if you work in several places.
-
Gather funding and press proof
Collect term sheets, investor letters, cap table, and articles about you. These support critical role and high salary.
-
Map your 3 strongest criteria
Pick the criteria your documents prove best. Run a free evaluation to see where you stand.
-
Line up an advisory opinion
Every O-1 needs one from a peer group or expert. Your attorney helps choose the right one.
FAQ
Questions people ask
No. The regulation says an O alien may not petition for himself or herself. A separate company you own, or a US agent, can file for you.
Yes, the Policy Manual names a corporation or LLC owned by the beneficiary as a possible petitioner. The company must be a separate legal entity.
No rule requires funding. USCIS can treat significant funding as a positive factor for your startup’s reputation and the credibility of your pay.
It can, as comparable evidence. You must explain why high salary does not readily apply to you as an entrepreneur. You must also show the equity is highly valued.
Not directly. A foreign employer must use a US agent it authorizes. The agent must also accept service of process in the US for it.
Yes. EB-1A is a green card you can file for yourself, with no employer. See founder options and O-1 vs EB-1A.
See if your founder record meets 3 criteria
Upload your resume and see your standing on each O-1A criterion. No account or card. A partner-firm attorney confirms eligibility before anything is filed.
Sources · checked October 2026
- 8 CFR 214.2(o), eCFR (version of Oct. 1, 2026)
- USCIS Policy Manual, Vol. 2, Part M, Ch. 3, Petitioners (current as of Oct. 2, 2026)
- USCIS Policy Manual, Vol. 2, Part M, Ch. 4, O-1 Beneficiaries (current as of Oct. 2, 2026)
- USCIS, O-1 Visa: Individuals with Extraordinary Ability or Achievement
This page is general information, not legal advice. Rules and fees change; a partner-firm attorney confirms what applies to you before anything is filed.
