Questions from founders
Questions founders ask.
If you are building a company here, the visa question usually arrives at an inconvenient moment. These are the ones we field most often, answered plainly. If yours is not here, bring it to the call.
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.
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.
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.
Is the company or the individual the 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.
Does raising venture capital break the E-2?
It can. The enterprise must remain majority-owned by nationals of your 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.