If you are exploring whether you can self-petition for an O-1 visa, the direct answer is no, not in the traditional sense. However, there is a legal pathway to make it possible: by creating a U.S. company and employing yourself through that business entity. This approach allows you to establish the necessary employer-employee relationship required by U.S. Citizenship and Immigration Services (USCIS). With the right strategy, even individuals without a formal job offer can pursue an O-1 visa by structuring their petition correctly. Below, our immigration attorneys at Green Card Link explain how O-1 “self-petition” works, eligibility requirements, and what evidence is needed for a strong case.
Establishing the Employer-Employee Relationship
To qualify, you must create a business entity that functions as your U.S. employer. According to USCIS guidance, a “United States employer” is defined as any person, corporation, or organization that:
- Hires someone to work in the United States.
- Maintains the ability to hire, pay, supervise, or fire that employee.
- Has a valid Internal Revenue Service (IRS) Tax Identification Number.
However, you cannot be the sole manager, operator, or employee of your company, because that would eliminate the possibility of being supervised or terminated. Instead, you can hold a role such as founder or majority shareholder while appointing a Board of Directors or investors who have legal authority to oversee your work and even terminate your employment. This creates the structure necessary for USCIS to recognize a genuine employer-employee relationship.
O-1 Self-Petition Criteria
To prove that such a relationship exists, you may need to provide:
- Investor evidence supporting the company’s structure.
- Corporate bylaws listing the board members and their responsibilities.
- Documentation showing the board’s authority to fire or supervise you.
- Records of performance reviews or reports showing oversight.
- Proof of on-site or remote supervision by other executives or board members.
- Evidence of payroll, benefits, or tax filings listing you as an employee.
During review, USCIS may ask specific questions, such as:
- Does the company directly supervise your work?
- If remote, how is supervision maintained (e.g., weekly meetings, reporting systems)?
- Does the employer have authority to manage your day-to-day tasks?
- Who provides the necessary tools, office space, or equipment?
- Does the company control the final work product?
Answering these clearly helps demonstrate that your petition is valid.
Proving Extraordinary Ability as an Entrepreneur
Even if you establish a valid employer-employee relationship, you must still prove extraordinary ability in your field. Entrepreneurs can demonstrate this through a combination of achievements such as:
- Receiving nationally or internationally recognized awards.
- Membership in exclusive professional organizations requiring exceptional achievements.
- Significant media coverage in reputable outlets like Fortune or Business Today.
- Evidence of original contributions to your field, supported by recommendation letters.
- Leadership or prominent roles in distinguished companies or ventures.
- Participation in evaluating the work of others, such as judging competitions.
- Receiving high compensation compared to peers in your industry.
- Publishing articles in professional journals or influential media.
Additional evidence, such as patents, product launches, or speaking engagements, can further strengthen your case. An immigration attorney at Green Card Link can help you gather the right documentation and frame your application to maximize approval chances.
O-1 Visa Requirements and Categories
The O-1 visa is divided into two categories:
- O-1A: For individuals with extraordinary ability in science, education, business, or athletics.
- O-1B: For individuals with extraordinary ability in the arts or extraordinary achievements in the film or television industry.
To qualify, you must prove sustained national or international acclaim and show that you belong to the small percentage of professionals at the top of your field.
O-1 Visa Processing Time
Processing times vary depending on which USCIS service center handles your case. On average:
- Form I-129: 2–3 months.
- DS-160 (online form): About 3 weeks.
- Consular processing and interview scheduling: 2–3 weeks, though timelines differ by location.
Applicants can also request premium processing for an additional $2,850 fee, which significantly expedites the review. In many cases, the O-1 visa is approved faster than other work visas such as the H-1B.
How Green Card Link Can Help
At Green Card Link, our experienced immigration attorneys have successfully guided professionals, entrepreneurs, artists, and researchers through the O-1 visa process. We don’t just prepare the petition—we build a compelling legal case, respond to any USCIS requests for evidence, and assist with related family visas to bring your spouse and children to the U.S.
If you are considering self-petitioning for an O-1 visa through your own company, schedule a consultation with immigration attorneys at Green Card Link. We will review your qualifications, assess your eligibility, and create a tailored strategy to help you achieve your U.S. immigration goals.