The O-1 visa, designed for individuals with extraordinary ability, requires a valid employer-employee relationship, contrary to popular belief that it can be self-petitioned. This clarification is particularly relevant for founders and entrepreneurs who may assume they can sponsor themselves. To qualify, an independent governance structure, such as a Board of Directors, must be established to oversee the individual’s role within the company.
Key Details:
- The O-1 visa requires an employer-employee relationship, unlike EB-1A or NIW visas.
- Founders must create a governance structure to demonstrate independent control over their employment.
- Owning a company does not disqualify an individual from obtaining an O-1 visa if the structure is correctly set up.
- The corporate structure is as crucial as the applicant’s accomplishments for O-1 visa eligibility.
This information is vital for entrepreneurs considering the O-1 visa, as proper structuring can significantly impact their immigration journey. Need help with your immigration case? Visit QuickFiling.us for professional immigration services.
Source: Yalda Hajavi