O-1A for startup founders: filing through your own company

Who files for a founder

A US employer or agent must file the O-1A. For founders, that's often your own US company, or an agent. Your lawyer will check that the company can act as the petitioner and how your role is set up.

The criteria founders usually use

• Critical role: founder or executive of a company with a distinguished reputation, shown through funding, investors, customers or press.
• Press: articles about you and your company in publications with a real audience.
• Judging: pitch competitions, accelerator demo days and hackathons.
• Original contributions: a product with clear traction, shown with usage and revenue numbers and letters from customers.
• High salary: only if your pay or compensation is clearly above others in your role.

Prove the company's reputation

Officers need to see why your company matters. Keep funding announcements, investor letters, customer letters, revenue or usage numbers, and press about the company. A strong letter from an investor or a well-known customer helps a lot.

Can my own startup file my O-1A?

Often, yes. My second O-1A was filed by my own company. Your lawyer will confirm the company can act as the petitioner.

Do I need funding to qualify as a founder?

Funding is one strong way to show a distinguished reputation, but customers, revenue and press also count. You need evidence about you, not only the company.