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The O-1 visa has become one of the most practical ways for startup founders and entrepreneurs to live and work in the United States. Designed for individuals with “extraordinary ability,” it allows company builders, innovators, and technical leaders to continue developing their ventures on U.S. soil without the traditional employer sponsorship model.
In 2025, U.S. Citizenship and Immigration Services (USCIS) introduced important updates to the O-1 policy manual. The changes clarify how officers assess entrepreneurial achievements and recognise evidence beyond the usual academic or artistic benchmarks. For founders, this means venture funding, successful product launches, press coverage, and other business milestones can now carry more weight in proving extraordinary ability.
Another key area of focus this year is the sponsorship structure. Many founders wish to be sponsored by their own U.S. company — a setup that’s now more clearly defined under the new guidance. USCIS outlines what kind of corporate governance and employment documentation is needed to show a legitimate employer–employee relationship, even when the petitioner is a founder-owned business.
This article breaks down how the endorsement and approval process works in 2025. It explains how founders can present evidence that meets the O-1 criteria, what to know about advisory opinions and consultation letters, how to structure sponsorship properly, and what to expect during the adjudication stage.
To gain more information about USA visas, read our previous articles:
Step-by-Step Guide for Tech Founders: The H-B Framework
Building Public Profile for USA O-1 Visa for Leaders in Digital Technology
Key Differences Between the US O-1 Visa and Other US Work Visas
For many startup founders, traditional U.S. work visas such as the H-1B or L-1 can be restrictive. They often require a specific employer–employee relationship, predefined roles, and fixed salaries and conditions that don’t align with the flexible and fast-changing nature of startups. The O-1 visa, on the other hand, offers a more adaptable path for entrepreneurs whose value lies in innovation, leadership, and industry recognition rather than in conventional employment models.
The O-1A category, which covers individuals with extraordinary ability in business, science, or technology, allows founders to be recognised for achievements that directly relate to building or scaling a company. Unlike other visa types, it focuses on demonstrated excellence rather than academic credentials or years of experience. This makes it particularly suitable for early-stage founders who may not yet have long corporate histories but have measurable impact through funding, product success, or public recognition.
Another distinct feature is the sponsorship structure. Founders can be sponsored either by an established U.S. company, an agent representing multiple engagements, or, with proper documentation, by their own startup. This flexibility is crucial for entrepreneurs who hold equity or lead their own ventures. USCIS now provides clearer guidance on how to demonstrate a valid employer–employee relationship in such cases, often through board oversight, corporate bylaws, or investor control mechanisms.
In essence, the O-1 visa recognises that entrepreneurial achievement doesn’t always fit into traditional definitions of employment or talent. It rewards innovation, influence, and the measurable outcomes that drive industries forward, making it one of the most founder-friendly visa options available in 2025.
The New Endorsement Landscape (2025 Update)
In January 2025, USCIS issued updated guidance under its Policy Manual (specifically, Volume 2, Part M) that significantly affects how “extraordinary ability” is demonstrated and how petitions may be structured. For founders, the changes produce several important implications:
The new guidance clarifies that a U.S. corporation or limited liability company (LLC) owned by the beneficiary may file the O-1 petition on behalf of the individual. This is significant for founder-entrepreneurs because it opens a viable route when the founder is the principal operator of the U.S. entity rather than being sponsored by a separate external employer.
The updated rules explicitly reference emerging fields — such as artificial intelligence, machine learning, robotics and other high-technology domains — and provide sample evidence types tailored to those contexts. For founders in tech, this means that standard startup milestones (for example, research grants, funded product launches, patent filings, industry recognition) may map more directly into O-1 evidence than in the past.
The guidance also addresses when a beneficiary may change roles within a field of extraordinary ability (for example shifting from developer to lead innovator) without jeopardising eligibility. And it clarifies when extensions beyond the initial period may be limited (in some cases to one-year increments) if future duties are vague. For founders, this means the job description and trajectory plan need to be laid out clearly, showing continuity in the domain of extraordinary ability.
As with prior practice, the requirement for an appropriate peer group or advisory letter (depending on field) continues to be key. The 2025 update emphasises the importance of using credible and field-relevant bodies for consultation and demonstrating how the beneficiary’s work qualifies as extraordinary. For a founder, an advisory letter from a recognised technology institution, funder, or industry body can be a pivotal piece of the endorsement package.
Given these updates, founders should consider adapting their evidence strategy to reflect key factors such as:
While the O-1 visa is known for its flexibility, USCIS applies a very specific standard when reviewing petitions. Officers aren’t just checking whether a founder is successful or funded but look for concrete evidence that demonstrates extraordinary ability as defined by regulation. In practice, that means two main tests: meeting the required evidentiary criteria and proving that the individual is among the small percentage at the top of their field.
USCIS expects each petition to include evidence meeting at least three of the eight listed criteria for “extraordinary ability in business, science, or technology.” These include recognition through awards, critical roles in distinguished organisations, media coverage, judging work of others, and other markers of distinction. In 2025, the agency’s updated guidance allows founders to use comparable evidence, for instance, proof of venture funding, accelerator participation, or significant product impact when traditional evidence doesn’t apply.
Beyond checking boxes, officers assess whether the evidence collectively shows that the founder is recognised as outstanding in their field. This requires a consistent story supported by measurable outcomes: products used widely, technologies adopted by major partners, or influence within an emerging market. Strong petitions connect every document to a single message — that the founder’s work has tangible, high-level impact.
USCIS places particular weight on external validation. Letters of endorsement, media features, or awards carry more weight when they come from independent and reputable sources. Endorsements from investors, industry bodies, or leading figures who can credibly evaluate the founder’s work are especially persuasive. The 2025 guidance reinforces this by emphasising “credible, relevant, and verifiable” evidence over self-reported success.
Even when the petitioner is a founder-owned company, USCIS looks for a legitimate employer–employee structure. This includes showing that the company has governance or oversight beyond the beneficiary such as a board, investor group, or management framework that can direct and control the founder’s work. Job descriptions should be specific, demonstrating how the founder’s duties align with their extraordinary ability rather than general operations.
A common reason for Requests for Evidence (RFEs) is inconsistency for example, differing job titles between the petition and LinkedIn, or varying company details in endorsement letters. USCIS expects professional coherence throughout: all materials should tell the same story of expertise, impact, and continuity in the field of extraordinary ability.
Approval Process: From Filing to Decision
Once the petition is complete, the O-1 approval process follows a defined path but success depends heavily on the quality and organisation of the submission. For founders, where petitions often involve complex corporate structures or non-traditional evidence, clarity and consistency are crucial at every stage.
The process begins with Form I-129, Petition for a Nonimmigrant Worker, filed with the USCIS service centre that handles O-1 cases. The petition must include:
For founders using their own company as petitioner, the corporate governance documents such as operating agreements, cap tables, or board oversight statements must show a valid employer–employee relationship.
After submission, USCIS issues a receipt notice confirming that the petition has been accepted for processing. Premium Processing remains available in 2025, guaranteeing a 15-calendar-day review period for an additional fee. This is often the preferred route for founders who are managing investor timelines or relocation plans.
During review, adjudicators verify eligibility based on the submitted materials. If any element is unclear, for example, whether the petitioner controls the beneficiary, or if certain evidence fits within the criteria — USCIS may issue a Request for Evidence. In 2025, RFEs often focus on:
Responding promptly and precisely to an RFE, with clear documentation, usually resolves these issues successfully.
Once all evidence is reviewed, USCIS will either approve or deny the petition. Approval results in an O-1 visa classification valid for up to three years (or one year if the petitioner is a new or project-based company). Extensions are possible in one-year increments, provided the founder continues to work in the same field of extraordinary ability.
Approved founders outside the U.S. must then schedule a visa interview at a U.S. consulate, while those already in the country under another status can typically change status without departing.
Holding O-1 status means continuing to engage in the same type of extraordinary work described in the petition. If a founder’s role or company structure changes significantly, for example, through a merger or new ownership, a new petition or amendment may be required. Proper documentation and early legal review can help prevent interruptions in status.
The real challenge isn’t achieving success but showing USCIS why your achievements matter. Many talented professionals ask themselves: Which parts of my journey truly count? How do I present my story so it reflects my impact?
We’ll guide you through this process and make sure your accomplishments are highlighted in the strongest possible way.
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