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The O-1 visa has long been an attractive option for entrepreneurs. Unlike the Unlike the H-1B, the O-1 does not require a prevailing wage determination or proof of funds. However, the legal framework surrounding securing an O-1 visa as a founder is more nuanced than it might initially appear. The O-1 visa does not permit true self-petitioning. What it does allow is for a business that you own to petition on your behalf, provided the proper legal structure is in place.

The key requirement in these scenarios is the existence of a bona fide employer-employee relationship. In immigration law, this issue was clarified in the well-known “Neufeld Memo” issued by USCIS in August 2010. In that memo, USCIS explained that no valid employer-employee relationship exists when a sole owner of a company controls every aspect of their own employment. If no external authority such as a board of directors or senior officer can fire the visa holder, then the structure fails the test.

Still, the law does allow for a workaround. According to the U.S. Department of State’s Foreign Affairs Manual (9 FAM 402.13-2), a legal entity owned by the O-1 visa holder may, in some cases, serve as the petitioner. USCIS has acknowledged this as well in its official guidance, stating that this arrangement is valid so long as the petitioning entity qualifies as a legitimate U.S. employer, the employment is not speculative, and the work described in the petition genuinely qualifies under the O-1 visa classification.

What this means in practice is that while an O-1 visa holder cannot simply file a petition on their own behalf, they can structure a business to meet the necessary legal requirements. Often, this involves building in a layer of oversight. For example, the company might appoint a board of directors or bring in an investor or executive with the authority to hire and fire employees, including the O-1 holder. The petitioner must also be able to show that it is a functioning business with actual projects or revenue, not merely a shell entity created for the sake of filing a petition.

These arrangements are fact-specific, and they require careful planning. Immigration officers will evaluate the totality of the circumstances to determine whether the employment relationship is genuine. Documents such as corporate governance records, operating agreements, employment contracts, organizational charts, and funding details may all be relevant.

So while the O1 is not a self-petitioning visa, entrepreneurs are not barred from securing an O1 visa. With the right structure in place, and with a clear demonstration that the business can act as a real employer, it is entirely possible to obtain an O1 visa with your own company