For individuals with extraordinary abilities seeking to work in the U.S., the O-1 visa is a viable option. But what if you own the company that you want to use to sponsor your O-1 visa? The good news is that it is possible to apply for an O-1 visa through a company that you own entirely. However, there are specific considerations to keep in mind. The details are outlined below.
1. Yes, You Can Own 100% of the Petitioning Company
It is indeed possible to apply for an O-1 visa through a company in which you own 100% of the shares. While you cannot self-petition for an O-1 visa, a company that you own can petition on your behalf. The key is that the company must offer you a legitimate job in your field of extraordinary ability. The business must be a real, functioning entity with a genuine need for your skills and expertise in the U.S.
2. The Job Offer Must Reflect a Real Demand for Your Work
To successfully apply for an O-1 visa through your own company, you must demonstrate that there is an actual demand for your work in the U.S. This means that the job offer from your company should not be a mere formality; there must be a productive and genuine opportunity for you to utilize your extraordinary abilities within the company. The nature of the job should align with your field of expertise and demonstrate that your contributions are necessary and beneficial to the U.S. market. You will still often include an itinerary or job description that describes what the applicant plans to do. The more that a true employer/employee relationship that can be established, the better. It can be particularly helpful if there is a board or other owner that can serve as the employer. It is also helpful if this person could sign the O petition forms.
3. You Must Meet the Qualifications for an O-1 Visa
While owning the petitioning company is allowed, you still need to meet all the qualifications for an O-1 visa. This includes proving that you have extraordinary ability in your field—whether it’s in the arts, sciences, business, athletics, or any other recognized area. You’ll need to provide evidence of your achievements, such as awards, published work, or other significant accomplishments that demonstrate your exceptional talent and expertise.
Conclusion
Applying for an O-1 visa through a company that you own is a feasible option, as long as the company provides a legitimate job opportunity that aligns with your extraordinary abilities. As with any O-1 visa application, meeting the stringent qualifications is essential. With the right preparation and documentation, you can successfully use your own company to sponsor your O-1 visa.
Are you looking to apply for an O-1 visa through your own company? Scott Legal, P.C. can help you navigate the process and ensure you meet all the necessary qualifications. Schedule a consultation today to explore your options and take the next steps toward securing your O-1 visa.
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