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Any person can start a company in the US - you don't need a visa or a green card to launch your business or startup. However, if you want to live and work in the USA to grow your business, you will need a work visa. Based on our experience and numerous client cases, we at Relogate can confidently say that the O-1 visa, also known as the startup visa, is perfect for both startup founders and established entrepreneurs. It offers excellent relocation conditions, flexible immigration strategy and access to the world's largest markets.
More than half (64%) of American unicorn startups worth over $1 billion were founded by immigrants or their children. The USA actively supports startups in all directions, offering numerous accelerators, incubators, venture funds, and the world's best supporting infrastructure for entrepreneurs.
In this article, we will examine in detail the criteria that need to be met and how to go through all the stages of obtaining this visa for those planning to start or relocate their business to the USA.
Entrepreneurs who have already attracted venture capital or gained significant recognition in their industry often have sufficient evidence to meet these requirements.
It's common knowledge that certain entrepreneurs opt to leave university in favor of launching their own business ventures. Even if you have a degree, but it is unrelated to your current activity, it may be difficult for you to obtain visas like H-1B or TN. But not O-1. There are no education requirements for it.
By starting your own company and employing yourself, you can pay yourself as much as you want. The O-1 visa stands out from other work visas as it does not necessitate compliance with minimum wage regulations.
The visa is issued for three years with the possibility of extending it for one year; after that, you can submit a new application.
Most work visas limit you to working for a single employer. In the O-1 visa application, you can list multiple employers simultaneously: for example, you can work part-time at your startup and for another American employer.
Unlike certain visa categories, the O-1 visa does not have annual quotas, limits, or lotteries, allowing applications to be submitted at any time.
For an expedited review of your O-1 visa petition by USCIS within 15 calendar days, an additional payment of $2805 is required.
As with any other top-class professionals, entrepreneurs seeking an O-1A visa must meet at least three out of the eight criteria set by USCIS.
Discover how startups and entrepreneurs can meet the criteria required for the O-1 visa:
Securing venture capital funding can validate your remarkable accomplishments, especially when you can show that the funding was granted because of your achievements. Startups founders will benefit from awards such as Stevie Awards, Forbes 30 Under 30, TechCrunch Disrupt Startup Battlefield, EY Entrepreneur of the Year, Startup of the year, CNews Awards
Engagement in prominent business associations (Startup Grind, Global Entrepreneurship Network, and similar) or accelerator programs, such as Techstars or Y Combinator. It is important that you personally are a member of the association, not your company. You can also become a mentor in these organizations, provided that strict selection criteria are required for this position.
The best articles for an O-1 visa are articles about you in an interview or success story format, but you can also use articles about your business in well-known outlets (Forbes, TechCrunch) or professional (Tech Times, Tech Week) ones. It's important that you are not the author of the publication, and the main emphasis lies on your achievements and contribution to the development of the startup and the industry as a whole.
You can meet this criteria if you have served as a judge at hackathons, pitch competitions, or evaluated applications for accelerators.
Patents, innovative business models, and significant product innovations can be used to meet this criteria. Achievements such as obtaining venture funding, participating in accelerators, entering into partnerships and attracting a major client base can prove the importance of your startup.
If you have authored publications in influential publications or presented at well-known conferences, this could be beneficial to meet this criteria.
Your role as a startup founder automatically makes you a critically important employee and leader. To demonstrate that your company has a solid reputation, you can utilize press coverage, venture funding, grants, awards, partnerships, and other significant accomplishments. You can also close this criteria by showing roles they previously held in companies with outstanding reputations.
Contracts and payment records can serve as evidence of this criteria. You can close this requirement by showing the salary you received in previous companies. It is important to compare your salary with the average salary for similar positions in your region. Certain applicants for the O-1 visa have successfully shown compliance with this criteria by providing evidence of significant ownership stakes in the company.
To strengthen the O-1A visa application, entrepreneurs need to demonstrate the potential impact of their projects on the US economy.
For example:
One of the main requirements for obtaining an O-1A visa is having an employer in the USA. This means that an entrepreneur cannot simply file a visa petition on their own. However, entrepreneurs and startup founders can pre-register their company in the US and use it as an employer.
Determine which structure is best suited for your startup — corporation (C-Corp), limited liability company (LLC) or an alternative form.
Register your company in one of the states in the USA. To do this, you can use the services of law firms or online services that will help you go through all the registration stages.
You will receive it after registering your company with the US Tax Service (IRS). Opening bank accounts and conducting business necessitates this action.
Prepare a detailed business plan, outline the development strategy, and start attracting investments, clients, or partners. This will help strengthen your O-1A visa application.
Create an employment contract between you and your company. The contract should clearly state that you will be working at the company in the Executive role.
In the O-1A visa application, you must provide the specific address of your workplace and an American telephone number. This means your company must have an operational office in the USA (possibly a coworking space) ready to accept you as the C-lvl manager.
You can own 100% of the company, but you can't be its sole employee - you can't hire yourself. The company must have at least one more employee - such as a manager, co-founder, or board member, preferably a US citizen or green card holder. This person should have the right to sign documents, and will be able to make a job offer within your own company.
The company should also be ready to pay you a salary as an employee. Business must demonstrate operational viability and readiness to meet its employment responsibilities.
The company must be operational - you can't register and immediately apply for a visa. You need a functional website and a registered federal identification (FEIN). It is also advisable to show some kind of business activity - contracts or letters of intent confirming the interest in collaborating with your company in the USA.
The first step is to collect all the necessary documents and evidence of your outstanding abilities. These can be awards, publications, recommendation letters, and other evidence.
You need to register the company (above) and sign an employment contract with yourself.
Prepare a petition (Form I-129) and submit it to the United States Citizenship and Immigration Services (USCIS). The petition should include all evidence of your accomplishments and supporting documents. When applying, the following mandatory fees will need to be paid:
* For companies with fewer than 25 employees.
USCIS may issue a Request for Evidence (RFE) to further evaluate the application. A response to an RFE typically adds extra time to the process.
During the application review process, you may be required to attend an interview at the consulate once your application is approved by USCIS if you are applying from outside the US. The processing fee will be $205.
If you are already in the United States on another visa, you will need to file a petition to change your status, which costs $420.
Upon approval by the consulate, you will be granted an O-1A visa, enabling you to enter the US and start working on your startup.
If you are an entrepreneur or startup founder and want to obtain an O-1 visa to work and grow your business in the USA, we at Relogate are ready to support you at every stage of this process. We provide a full range of services, including:
The O-1 visa is not an immigrant visa and does not burden its holder with the tax responsibility of a permanent resident with a green card. This is a great opportunity to come to the United States, look around, and see if you like the country. Subsequently, If everything is in proper order, you can apply for EB-1 or EB-2 NIW immigrant visas and get a green card for permanent residence.
The criteria for an O-1 visa are essentially the same as the criteria for an EB-1, allowing the same documents to be used to change status to the immigrant visa. For EB-2 NIW, you need to demonstrate that your work in the US serves the national interests of the country. If you do not currently meet the stricter requirements for immigration visas, the O-1 visa can serve as a stepping stone to quickly relocate, then refine the necessary criteria and apply for a green card.
With Relogate, you can focus on growing your business, knowing that all aspects of your relocation and visa application are in good hands. Explore your chances or sign up for a free consultation with our team to learn more about the О-1 visa in the USA.
