US O-1 Visa for Startup Founders

• FRONT JANUARY 13, 2025 / IN BLOGS, O1 VISA, TR

Asım Kılınç, Immigration Lawyer, CK Law Firm

There are various visa options available for startup founders and entrepreneurs to work in the United States. In this article, we'll discuss how startup founders can apply for the US O-1 visa, as well as the O-1 visa itself. Here are the topics I'll cover in this article:

• Why Should Startup Founders Opt for the O-1 Visa?
• What Should You Consider When Applying for an O-1 Visa as a Startup Founder?
• What is the Advantage of Applying for an O-1 Visa for Entrepreneurs?
• How Long Does an O-1 Visa Last? How Long Can I Stay in the US?

I'll share the answers to these questions we frequently hear from our clients below. However, if you have any questions beyond these, please don't hesitate to ask. Feel free to leave a comment in the comments section of this blog or on CK Law Firm's official website. You can also connect with me privately on LinkedIn. Enjoy reading.

Why Should Startup Founders Opt for the O-1 Visa?

The O-1 visa is suitable for both individuals with outstanding field experience and those applying with a job offer, as well as those establishing a startup in the US. With an O-1 visa, you can start working for your own organization by obtaining an individual visa and establishing your startup in the US. However, you cannot self-sponsor a US O-1 visa; it's important to remember that the legal entity of your startup can sponsor you.

Another important point to consider is that you must prove that you are an employee of your startup or enterprise. To prove your status as an employee, you may need to relinquish certain authority. This means that one or more people who hire you, pay your salary, or fire you, have a certain amount of authority over you.

However, one of the biggest advantages of obtaining an O-1 visa for entrepreneurs and startup founders in the US is that the company doesn't have to have been previously established in another country. This means you can legally start operating with a startup you've established in the US simply by applying for an O-1 visa.

Furthermore, there's no annual turnover limit. Your startup simply needs to add economic or innovative value to the country.

Another significant advantage is that the O-1 visa grants you the right to work and live in the United States for three years without restriction. After this period, you can extend your visa if you meet the necessary requirements. The O-1 visa also allows you to apply for a Green Card, giving you the opportunity to live and work permanently in the United States.

These flexible conditions make the O-1 visa an attractive option for many Turkish investors and startup founders seeking entrepreneurship in the United States.

What Should You Consider When Applying for an O-1 Visa as a Startup Founder?

As an entrepreneur or startup founder, there are some critical steps you should take before applying for an O-1 visa. These steps can be summarized as follows:

• Establishing a Company: Establish your company in the US at least three months before starting your application process. This will help you build a stronger foundation for your visa application.
• Employer Identification Number (EIN): An EIN is a number used as your business's tax identification in the US. It's issued by the IRS and provides official identification for your business. Without an EIN, you cannot open a business bank account or employ employees in the US.
• Corporation Formation Documents: Your corporation's formation documents must be submitted with your application to prove the company is officially operating.
• Opening a US Bank Account: Opening a US bank account is essential to manage your company's financial transactions and enhance your business's professional image.
• Business License: Depending on the industry you operate in, you may need a business license.
• Create a Website and Business Brochure: Create a professional website and brochure for your company to present your business model effectively.
• Obtain a Mailing Address: Preferably a business address to receive USCIS and government correspondence.
• Company Physical Address: Your petition must list your actual workplace, as immigration officers may research it online.
• Prove Your Company's Operations: Provide documents like contracts, fundraising records, letters of intent, or media coverage to show active operations.

What is the Advantage of Applying for an O-1 Visa for Entrepreneurs?

There is no specific time limit for applying for a US O-1 visa. Applications are typically processed within two to three months, but Premium Processing can reduce this to as little as 15 days.

One of the advantages of the O-1 visa is its unlimited extension. Initially issued for three years, it can be renewed indefinitely if justified. O-1 visa holders can also apply for a Green Card via the EB-1A route if eligible.

Another major benefit is that there is no quota, meaning you can apply at any time. This flexibility makes it a great option for entrepreneurs seeking to establish and grow businesses in the United States.

How Long Does an O-1 Visa Last? How Long Can I Stay in the US?

An O-1 visa is granted for a maximum of three years initially, determined by the length of your project or contract. Shorter projects may result in shorter validity periods. After three years, you may apply for one-year extensions indefinitely, provided you can prove the ongoing nature of your work.

Additionally, meeting certain criteria allows O-1 holders to pursue a Green Card via the EB-1A category. This makes the O-1 visa not just a temporary solution, but a potential pathway to permanent residency.

Therefore, you can get help from us on our website to open the door to working and living in the United States. You can also connect with me on LinkedIn. For detailed articles on topics that interest you, please visit our Blogs page.