Questions from companies and entrepreneurs
Questions companies and entrepreneurs ask.
Some of you have chosen the person and need a filing that holds. Some of you are the person, building your own company and sponsoring yourself. These are the questions we hear from both sides of that table.
Is the company or the individual our client?
Usually the sponsoring employer is the client and petitioner, with the foreign national as the beneficiary the case is built around. For founder O-1 cases, the founder's own company is typically the petitioner. We make the structure clear at the outset.
Can a startup founder sponsor their own O-1A?
Often, yes: when the company is a separate legal entity and the relationship is properly structured. We advise on the arrangement and build the evidentiary record to support it.
Do I need an employer to sponsor me?
Not always. The E-2 treaty investor visa lets you invest in and run your own U.S. business with no sponsoring employer and no lottery, and an O-1A can be sponsored by a company you founded. Whether that fits depends on your nationality, your capital, and the business itself, which is the first thing we check.
What is the difference between H-1B and O-1?
H-1B is for specialty occupations that require specialized knowledge and a degree, and is subject to an annual cap and lottery. O-1 is for individuals with a demonstrated record of achievement in their field; it isn't capped and is often a strong fit for founders and senior talent.
Can we sponsor someone who is already in the United States?
Often, yes. Someone already in the United States in another status can frequently change to H-1B or O-1 through a petition filed with USCIS, and an H-1B worker can begin with a new employer once a change-of-employer petition is filed. What governs is the status they hold now, how much time is left on it, and whether they have maintained it, which is the first thing we check.
What is TN status and who qualifies?
TN is professional status under the USMCA agreement for Canadian and Mexican citizens working in one of the listed professions. There is no cap and no lottery, the credential requirements are specific to each profession, and Canadians can often be admitted at the border while Mexican citizens apply at a consulate. It is fast when the profession and the credentials line up cleanly, and it is not the right instrument when they do not.
Do you work with companies outside the U.S.?
Yes. We regularly help companies hiring into the U.S. from abroad, as well as Canadian and Mexican professionals pursuing TN status under USMCA, and we handle consular matters at posts worldwide.
Does raising venture capital break a founder's E-2?
It can. The enterprise must remain majority-owned by nationals of the founder's treaty country, so a financing that takes treaty ownership below fifty percent ends eligibility. For venture-backed founders the E-2 is usually a bridge, with a planned handoff to an O-1A before the round that breaks the math. The financing plan and the visa plan have to be drafted together.
How long does a petition take?
Timelines vary by visa category and current USCIS processing times. Premium processing is available for many petitions and can significantly shorten the adjudication window. We'll give you a realistic timeline for your specific case.
What do your consular services cover?
Everything after the approval, and the situations that get stuck: DS-160 preparation, interview strategy and coaching, administrative processing under section 221(g), prior refusals and waivers, and third-country national or emergency appointments.
Find out what your options are.
Schedule a call. You will get a straight answer on whether it works, what it would take, and what it costs. Or you can email using the details below.