Can I sponsor myself for an O-1 visa?

The O-1 visa is a nonimmigrant classification for individuals who possess extraordinary ability in fields such as sciences, arts, education, business, or athletics. To qualify, applicants must demonstrate sustained national or international acclaim and be coming temporarily to the United States to continue work in their area of extraordinary ability.

Can You Self-Sponsor for an O-1 Visa?

According to U.S. Citizenship and Immigration Services (USCIS) regulations, an O-1 visa petition cannot be self-sponsored. The petition must be filed by a U.S. employer, a U.S. agent, or a foreign employer through a U.S. agent. However, while direct self-sponsorship is not permitted, entrepreneurs have an alternative pathway to make it work.

Petitioning Through a U.S. Entity

Entrepreneurs can establish a U.S.-based company, which can then act as the petitioner for the O-1 visa. It’s essential to demonstrate a valid employer-employee relationship, ensuring that the company has the authority to control your employment. USCIS may request documentation to verify that the petitioning entity is a bona fide employer and that the employment is not speculative.

Key Considerations

• Employer-Employee Relationship: Even if you own the petitioning company, there must be a clear distinction between your role as an employer and as an employee. This may involve establishing a board of directors or other governance structures that have the authority to control your employment.
• Documentation: USCIS may request evidence of ownership and control of the business to verify the legitimacy of the employer-employee relationship and to ensure the petition is not based on speculative employment.

Final Thoughts

While self-sponsorship for an O-1 visa is not allowed, entrepreneurs can navigate this by setting up a U.S. entity to act as the petitioner. It’s crucial to work with a qualified immigration attorney to ensure all regulatory requirements are met. And when the time comes to provide comprehensive documentation to support the O-1 Visa petition, consider contacting Visa Business Plans. We specialize in crafting thorough, realistic, and strategic business plans that support visa petitions and ensure compliance with immigration requirements. Our experience helps entrepreneurs secure approvals by presenting a compelling case for why you—and your business—belong in the U.S. Contact us now.

Contact us today to get started

The information provided in this blog is intended solely for informational purposes. While we strive to offer accurate and up-to-date content, it should not be considered legal advice. Immigration laws and regulations are subject to change, and individual circumstances can vary widely. For personalized guidance and legal advice regarding your specific immigration situation, we strongly recommend consulting with a qualified immigration attorney who can provide you with tailored assistance and ensure compliance with current laws and regulations.

Visa Business Plans is led by Marco Scanu, a certified coach from the University of Miami with a globally-based practice coaching Fortune 1000 company executives, entrepreneurs, as well as professionals in four different continents. Mr. Scanu advises clients on turnaround strategies and crisis management.

Mr. Scanu received a bachelor’s degree in Business Administration (Cum Laude) from the University of Florida and an MBA in Management from Bocconi University in Milan, Italy. Mr. Scanu was also a Visiting Scholar at Michigan State University under the prestigious H. Humphrey Fellowship (Fulbright program) with a focus on Entrepreneurship, Venture Capital, and high-growth enterprises.

At present, Mr. Scanu is the managing partner and CEO at Visa Business Plans, a Miami-based boutique consulting firm providing attorneys and investors with business planning services in the areas of U.S. and Canadian immigration, SBA loans, and others.

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