How Startups and Entrepreneurs Can Leverage the O-1 Visa to Launch Businesses in NYC
New York City is a global center for innovation, entrepreneurship, and opportunity. For international founders and creative professionals looking to build a business in the U.S., the O-1 visa offers a compelling pathway to bring visionary ideas to life—especially when other visa options fall short.
At Sharma Law Associates, LLC, our New York immigration attorney guides talented entrepreneurs through the O-1 visa process, helping them navigate complex requirements with strategic legal support tailored to their goals.
What Is the O-1 Visa?
The O-1 visa is a non-immigrant visa for individuals with extraordinary ability in their field, including:
Science.
Technology.
Education.
Business.
Arts.
Athletics.
It’s designed for those who have demonstrated significant recognition and sustained achievement—and it can be a strong fit for startup founders, innovators, and industry leaders building something new in the U.S.
Why the O-1 Visa Appeals to Entrepreneurs
Unlike the H-1B visa, which requires an employer-employee relationship and is subject to annual caps, the O-1 offers more flexibility for entrepreneurs.
Especially those:
Founding their own companies.
Seeking to maintain control over their business.
Working in emerging or niche industries.
Operating in project-based or creative roles.
With the right legal structure and documentation, startup founders can petition for an O-1 visa even if they are the principal of their own U.S. company.
Eligibility: What Qualifies as “Extraordinary Ability” in Business?
Entrepreneurs must demonstrate that they have achieved a level of recognition significantly above others in their field.
This can include:
Prestigious awards or recognition for excellence.
Published material about your work in major media.
Original contributions of major significance.
Leadership roles in distinguished organizations.
High salary or remuneration indicates demand for your services.
Authorship of scholarly articles.
Participation as a judge of others in your field.
For startup founders, this may involve presenting press coverage, venture capital investments, patents, keynote speeches, accelerator participation, or success in prior ventures.
Structuring the O-1 Petition for a Startup
One of the key legal challenges in an O-1 petition is the requirement for a U.S. “petitioner.” If you are both the founder and principal of your startup, USCIS will require evidence of a legitimate employer-employee relationship or a third-party agent structure.
Our New York City business immigration attorneys help entrepreneurs:
Create a compliant corporate structure.
Identify a qualified U.S. agent or petitioner.
Prepare robust support letters and documentation.
Strategize for long-term visa and green card options.
Launching in NYC: The Advantage
New York City offers unparalleled access to investors, incubators, talent, and global markets. For international founders with a compelling vision and track record, launching in NYC can open doors to rapid business growth and further immigration opportunities—such as transitioning to permanent residency through the EB-1 or National Interest Waiver (NIW) categories.
How Sharma Law Associates, LLC Can Help
At Sharma Law Associates, we understand the unique challenges international entrepreneurs face when entering the U.S. market. Our team combines deep immigration knowledge with a business-savvy approach to help you build the strongest possible O-1 visa case—and position your startup for long-term success.
Whether you’re a solo founder, part of a venture-backed team, or working on your next breakthrough, we offer personalized guidance to help bring your business vision to life.
Contact Sharma Law Associates, LLC at 646-846-4221, online, or schedule an appointment on our calendar for a personalized consultation. We’ll help you explore your options and create a tailored immigration strategy that supports your business goals.
