The most common stumbling block for founders isn't actually "whether they are good enough."

Client Background

Mr. L, a client, focused on machine learning research during his doctoral studies. After graduation, instead of following the traditional path of working for a large company or university, he founded an AI startup based on his research and continues to drive technological development as the founder. His request was clear: he wanted to apply for an O-1A visa under his own company's name, but he was unsure whether "being his own boss" would actually pass the review.

Step 1: Solve the fundamental problem of the "employer-employee relationship"

The O-1A application logic requires a genuine "employer" to submit the application; founders cannot apply on their own. Although Mr. L is the company's major shareholder, we did not shy away from this point but instead focused on strengthening the company's governance structure: a board of directors with actual decision-making power was established, and the board issued written resolutions clearly approving the O-1 application, Mr. L's responsibilities, compensation, and work location; at the same time, another co-founder had independent signing authority on hiring decisions to prove that "the company is hiring him," not that he is hiring himself. This step is the foundation of the entire case; if it is not handled well, no matter how well the subsequent evidence is presented, it will not stand.

Step Two: Integrate "research capabilities" and "entrepreneurial achievements" into a unified whole.

Mr. L's evidence did not follow a single approach; instead, it cross-referenced his academic output with the company's business achievements: his paper publications and citations demonstrated his original contributions to machine learning; the company's evidence included funding details, partnerships with key clients, and growth data after product launch, proving that these technical capabilities had translated into tangible industry influence. Presenting these two lines of evidence together made the story far more convincing than simply emphasizing "my papers are excellent" or "my company has received substantial funding."

Step 3: Make the job description specific, avoiding vague generalities.

In the employment contract and job description, we broke down Mr. L's work into two parts: the specific projects and outputs corresponding to the technical R&D part, and the decision-making matters corresponding to the company management part. We wrote these down in great detail, linking them to existing achievements—such as an ongoing client project or a product milestone corresponding to a funding round already secured—rather than simply stating "responsible for the company's technology and operations." This way, the reviewer sees a verifiable job description with concrete, actionable content, rather than a packaged title.

result

With the successful approval of the O-1A, Mr. L was able to remain in the United States as the founder to continue driving the company's business full-time, which also cleared away the uncertainty of his status for subsequent financing and recruitment of the team.

The biggest takeaway from this case is that for founders with strong technical backgrounds applying for O-1 visas, the biggest risk often lies not in whether they are "qualified," but in whether their company's governance structure can withstand scrutiny regarding "whether this is a genuine employment relationship." Solidifying board documents and job descriptions is more crucial to the success of a case than simply piling up academic papers.

Introduction to the O-1 Extraordinary Ability Visa and its comparison with the H-1B visa.

I. What is O-1?

Unlike the H-1B visa, the O-1 visa has no annual quota, does not require a lottery, and can be applied for at any time of year. It is for individuals with "extraordinary ability" or "extraordinary achievement" in their respective fields. The O-1 visa is divided into two categories: O-1A is for the fields of science, education, business, and athletics, while O-1B is for the fields of the arts and the film and television industry.

O-1A: Outstanding talents in science, education, business, and sports

This is suitable for professionals in science, education, business, or sports who have demonstrated their top-level status in the field through a sustained national or international reputation. Common examples include tech entrepreneurs, researchers, engineers, executives, finance professionals, and professional athletes.

Applications typically require meeting at least three of the following eight criteria (or providing a one-time major internationally recognized award, such as the Nobel Prize, can directly meet the requirements):

• Received important national or international awards

• Belongs to a professional association that requires members to have outstanding achievements.

• The individual or their achievements have been reported by professional publications or mainstream media.

• Has served as a peer reviewer, reviewing the work of others.

• Make significant original contributions in your professional field.

• Publish academic articles as an author in professional journals or mainstream media

• Holding a key or leadership role in an organization with an outstanding reputation

• Earn significantly higher-than-average compensation compared to others in the industry.

O-1B: Outstanding Talent in Arts and Film

This is suitable for individuals with outstanding abilities in the arts or outstanding achievements in the film and television industry, and is commonly found among musicians, directors, screenwriters, actors, designers, photographers, fashion models, etc.

The O-1B Arts category requires meeting at least two of the following criteria, which are more flexible than those for the O-1A category:

• Starring/leading the creative team in important productions or events

• Gain national or international recognition and praise

• Has played a key role in an institution or project with an outstanding reputation.

• The work has achieved commercial success or has a high box office/viewership record.

• Obtain letters of recommendation and recognition from industry authorities, critics, or institutions.

• Salaries or compensation that are significantly higher than the average in the same industry

The standards for film and television (O-1B MPTV) are similar to those for arts, but they are subject to evaluation according to the relevant regulations of the film and television industry.

II. A few reminders

• The O-1 visa is not a “low-threshold” visa: the core requirement is to prove that the applicant has gained continuous and substantial industry recognition in the field. Meeting the formal standard in a certain number of ways does not necessarily guarantee approval. USCIS will conduct a comprehensive review of the value of each piece of evidence.

• The O-1 application must be filed by a U.S. employer or authorized agent as the petitioner; individuals cannot file it themselves.

• If the applicant will be working for multiple employers/multiple projects, a corresponding itinerary is required;

• Initial approval is for a maximum of 3 years, and subsequent extensions can be made as needed for the activity/project. There is no legally mandated maximum stay limit.

• Unlike H-1B, O-1 visas do not have mandatory requirements for education and salary, but working conditions are generally still required to be in line with industry practices.

III. Comparison between O-1 and H-1B

If you have already achieved something in the fields of technology, finance, education, scientific research, art, film and television, sports, or are considering applying for U.S. work status through H-1B or O-1 visas, please contact us for a case assessment. We will evaluate the appropriate status path and what additional materials are needed based on your specific background and existing evidence.

This article is for general informational purposes only and does not constitute legal advice or a retainer agreement. Please refer to current regulations and USCIS policies for specific guidance and consult a professional immigration attorney.