Entrepreneurship is a fun journey in the US, especially for immigrants. If you’re thinking of starting your startup, you might be wondering how to work and live within the U.S. immigration system. As you don’t have an employer-employee relationship, you’ll need to find other visas to work in the U.S.
If you are a high-potential startup founder, either who is based in your home country or who received VC investment, then the O-1A visa may be for you. Let’s know more about this visa and how it will make you successful in starting your business in the US.
What is the O-1A Visa?
O-1A: The O-1A is a non-immigrant employment visa designed for those with high talent in their field. The Visa is used by those in sciences, education, business, and sports who have been extremely successful and want to remain working in their field of expertise in the United States.
It’s also widely believed that you have to have a startup that is profitable, or that makes substantial profits or a large investment before you get an O-1A visa. There are specific conditions, but you do not need funding or high revenue to qualify for this visa. Now let’s get more specific with the important qualifications of the O-1A visa.
Do You Need an Employer Sponsorship For an O-1A Visa?
The O-1A visa allows you to be flexible and does not require you to have a job offer or employer sponsorship as most other work visas do. But you still need an employer/agent to sponsor your application. Here’s how it works:
Employer/Agent Sponsorship:
The O-1A visa requires an employer or agent (person reserving the right for you) to file the petition with the U.S. Citizenship and Immigration Services (USCIS).
Who Can Serve as Your Agent? And if you’re getting an agent to sponsor you, the agent has to be “just right”. They must either be:
- Your employer, or
- An agent with the power to act on behalf of the employer and employee.
Responsibility of the employer:
You need to be able to show that you are an extraordinary talent in your chosen field and that your sponsor can meet specific requirements related to your salary, employment conditions, and work schedule in the United States.
So, if you haven’t had an official job offer at the time of application, but do have a sponsor who can substantiate your abilities and accomplishments.
How to Apply for O-1A Visa: What You Need to Show.
You’ll need to be exceptionally good at what you do to qualify for an O-1A visa and meet three of the eight standards outlined in U.S. immigration law. The criteria are non-binding (that is, you don’t have to fit all of them), but you have to prove evidence in at least three of the following categories:
Preferences:
You should be able to demonstrate that you have been nominated or given any other kind of prize for excellence. This may be industry awards, competitions, or other significant awards.
Professions:
Professional organizations where one must possess exceptional achievements. They also tend to select their staff based on track records.
Publication:
Proof that you’ve been mentioned or referred to in professional or trade publications, or other well-known media. This proves that those who know you know what you’re doing.
Judging Other People’s Work:
Evidence that you’ve ruled over the work of others, on your own or in a panel. This might be reviewing articles, judging business competitions, or other start-up projects.
New Contributions:
Produce proof of making original and substantive contributions to your industry, science, or anything else. These are things that are new or innovative approaches you have brought to the market, especially if you’re a founder of a startup.
Writers Credit:
If you have published academic papers, trade magazines, or other major media articles that pertain to your field, it can also be a testimony of your phenomenal skill.
Compensation / High Wage:
You must have proof of your high wage or payment in comparison to the rest of the competition.
For Founders:
You can have equity in your business to show that you have exceptional compensation (excuse me, stock options aren’t included).
Leading/Key Position in Highly Reputable Companies:
Identify the position you’ve held as a key or leading position in organizations/companies that are highly rated. This can support your application if you’ve had an elevated position or role in well-known companies.
For a foreign-born businessperson looking to open a business in the US, the O-1A visa is a very powerful document that allows you to come and live here. This visa is for people who have a proven track record of extraordinary talent and accomplishments, and it could allow you to take your startup idea to the US.
