The O-1 Visa for Founders: Agent Petitioner vs. Your Own Startup

If you are launching a startup in the United States and qualify for an O-1 visa, one major question comes up quickly: Should your new company petition for you, or should you file with an O-1 agent?

Both structures are legally possible, but they are not strategically equal. Understanding the difference between an O-1 agent petitioner and a startup petitioner is helpful when deciding which route to take for your sponsorship.

Can Your Own Company Sponsor Your O-1 Visa?

Yes. A U.S. company, including a newly formed LLC or corporation, can file an O-1 petition on your behalf.

But this is not true self-petitioning. The company must be a legitimate, separate legal entity acting as your employer.

For USCIS to accept your startup as the O-1 petitioner, you typically must demonstrate:

• A valid employer-employee relationship

• That the company has the ability to pay your salary

• That someone other than you has the right to control your work

That last point is where many founder petitions struggle.

The Control Requirement for Founder O-1 Petitions

If you own 100 percent of the company and control all decision-making, USCIS may question whether a real employer-employee relationship exists.

To strengthen an O-1 petition filed through your startup, you may need:

• A board of directors with the authority to hire, fire, and supervise you

• Investor oversight

• Operating agreements showing separation of control

• Documentation that the company can direct your work

If you are both the sole owner and sole decision-maker, the petition becomes harder to defend.

Ability to Pay: A Major Issue for Early-Stage Startups

Another challenge is financial viability.

If your startup is newly formed, pre-revenue, or not yet funded, USCIS may question whether the company has the ability to pay the offered wage.

Evidence often includes:

• Bank statements

• Investment documents

• Revenue projections

• Signed contracts

• Payroll records

If your startup does not yet have funding or meaningful cash flow, filing your O-1 visa through your company can carry higher risk.

The Alternative: Filing Through an O-1 Agent

An O-1 agent is a U.S. person or entity that serves as the official agent petitioner for your O-1 visa.

Instead of relying solely on your startup as the employer, the agent petitioner petitions for the visa on you/your startup's behalf. Your petition can also include any other paid activities that you plan to engage in while setting up the company, although this is not necessary and one start up is usually plenty of work to support the petition.

It also reduces dependency on the financial stability of a brand-new company.

Key Differences: Startup Petitioner vs. O-1 Agent

Decision Factor	Startup Petition	O-1 Agent Petitioner
Control	The company must demonstrate it has the authority to control your work. This often requires formal board oversight or governance documentation to establish a valid employer–employee relationship.	The agent petitioner sponsors your startup activities without requiring your startup to establish a traditional employer–employee control structure over you.
Ability to Pay	The company must show it has the financial ability to pay your salary. Early-stage or pre-revenue startups may face additional scrutiny.	The structure is not dependent on a single early-stage company’s payroll capacity.
Risk Concentration	Immigration risk is concentrated within the startup. If funding fails or the company materially changes, O-1 status may be exposed.	Risk is structured across engagements. As long as qualifying work continues within the approved itinerary, status can remain intact.

When Filing Through Your Startup May Make Sense

Filing through your company can work well if:

• You have secured meaningful funding

• There is an active board with real oversight

• The company has payroll capacity

• The governance structure is clearly documented

  
  

For well-funded founders with institutional investors, this can be a viable and clean structure and gives the start up the sole authority over your petition.

When an O-1 Agent May Be Strategically Stronger

An O-1 agent petitioner may be a better fit if:

• Your startup is early stage or pre-revenue

• You do not yet have formal board oversight

• You plan to engage in other paid activities while also building your startup

• You want reduced dependency on a single entity for your O-1 visa

The O-1 agent model can provide structural insulation during the most fragile stage of company building.

Important Clarification

An O-1 agent is not a workaround for partial qualifications. You must still:

• Qualify for the O-1 based on extraordinary ability

• Work within your approved field

• Maintain a compliant itinerary

• Work with a qualified immigration attorney

The agent structure changes the petition framework. It does not lower the evidentiary standard.

Final Thoughts for Founders

The O-1 visa is one of the most powerful visa categories for extraordinary founders in the United States. But the way you structure your petition matters. Filing through your own startup concentrates immigration risk inside a young company.

Filing through an O-1 agent spreads that risk across a portfolio structure and may provide greater flexibility during growth, pivots, or funding delays.

There is no universal right answer. There is only the structure that best aligns with your stage, governance, and long-term strategy.

If you are a founder considering an O-1 visa and weighing whether to file through your startup or through an O-1 agent petitioner, a strategic consultation can clarify which structure protects you best.