O-1 Visa

O-1 for Pharmaceuticals Scientist

We have received an approval for an O-1 for a pharmaceuticals scientist employed by a small company.  The case was approved without an RFE where we clearly showed the advanced nature of the work and the qualifications of the beneficiary.  The outcome of O-1 visa petitions is always unpredictable, and, as a practical matter, more so where the employer is a very small company.  Despite its size, the company was engaged in highly specialized and advanced level work.  In addition to the beneficiary’s qualifications, the nature of the work was probably decisive in tippi

Status
O-1 approved

Nonimmigrant Visas

National Hockey League (NHL) and Vermont Service Center Meeting

The National Hockey League (NHL) requested USCIS to hold a teleconference during its annual conference. During that teleconference, NHL counsel posed several questions to USCIS. The question and answers are provided below (see attachment) for the benefit of interested stakeholders.In order to avoid repetition in the answers, USCIS notes that it stated several times that each petition mustestablish visa eligibility on its own merits. The Vermont Service Center (VSC) does not maintain acentral document depository for O and P nonimmigrant visa petitions.

Entrepreneur. Can I start a company on STEM OPT? O-1A visa and maintaining legal status

Question details

I have a specific question about building a startup in the US. I am currently on a STEM OPT (expires Sep, 2026), and am currently unemployed. My unemployment days (90 + 60) run out around April 30. I want to build a startup as a solo founder in the tech space, and go the O1A route.

My question is, can I start a company as a solo founder? What if I create a board to show employer-employee relationships? I am planning on raising money and also applying for grants as I build out the product and acquire users.

Alternatively, I am part of another company with two American cofounders (I have <40% equity), but we have no revenue as of yet. Can I leverage my involvement with that company to maintain legal status?

Answer: You can start a company as a solo founder and pursue an O-1A visa, but there's no guarantee of approval. While structuring your company with a board to show an employer-employee relationship might work for O-1A, it won't work for STEM OPT unless someone senior is supervising you. Involvement in another company with American co-founders and less than 40% equity doesn't directly help maintain legal status, except possibly for the O-1A visa or considering CPT.

 

Video URL
FAQ Transcript

You can start a company as a solo founder and pursue an O-1A visa, but there's no guarantee of approval. While structuring your company with a board to show an employer-employee relationship might work for O-1A, it won't work for STEM OPT unless someone senior is supervising you. Involvement in another company with American co-founders and less than 40% equity doesn't directly help maintain legal status, except possibly for the O-1A visa or considering CPT.