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O-1A for startup founders
Who can file for you, and how funding and equity count as evidence.
Last reviewed against the USCIS Policy Manual on
Who files the petition
“O beneficiaries may not petition for themselves. However, a separate legal entity owned by the beneficiary, such as a corporation or limited liability company, may file the petition on their behalf.”
Founding a startup as a critical role
“Founder or co-founder of, or contributor of intellectual property to, a startup business that has a distinguished reputation …”
“For a startup business, officers may consider evidence that the business has received significant funding from government entities, venture capital funds, angel investors, or other such funders commensurate with funding rounds generally achieved for that startup’s stage and industry, as a positive factor regarding its distinguished reputation.”
Salary, funding and equity
“For entrepreneurs or founders of startup businesses, officers consider evidence that the business has received significant funding from government entities, venture capital funds, angel investors, or other such funders in evaluating the credibility of submitted contracts, job offer letters, or other evidence of prospective salary or remuneration for services.”
“As another example, if the petitioner demonstrates that receipt of a high salary is not readily applicable to the beneficiary’s position as an entrepreneur, the petitioner might present evidence that the beneficiary’s highly valued equity holdings in the startup are of comparable significance to the high salary criterion.”
Quotes are word for word from the USCIS Policy Manual. Practitioner tips are common practice, not USCIS rules. For informational purposes only, not legal advice.