For professionals in the U.S. on an O-1 visa, transitioning to more independent work may seem out of reach—especially if your current visa is tied to a large corporation. However, there is a path forward: you can transfer your O-1 visa to your own company, provided certain legal and evidentiary standards are met.
Establishing a Legally Separate Petitioner
The key requirement is that the business you create must be a separate legal entity. This means forming a corporation or LLC that can act independently of you as the founder. Once established, this new company can serve as the official O-1 visa petitioner on your behalf.
This scenario is not hypothetical—there are real-life cases where it has worked. For instance, we recently assisted an individual who transitioned from an O-1 visa sponsored by a large employer to one petitioned by their own company. With the right documentation, USCIS approved the change of employer petition.
Proving There Is Actual Work Available
One of the most important aspects of this process is showing that the company has real work lined up. USCIS must see that your business is not just a placeholder for self-sponsorship, but an actual operational entity engaged in your field of extraordinary ability.
Strong evidence can include:
- Multiple third-party contracts hiring your company for services
- Documentation showing active projects
- Letters of intent from potential clients
The more concrete and diverse the work arrangements, the stronger your petition will be.
O-1 Change of Employer: A Path to Independence
Filing an O-1 change of employer petition to transition to your own company can be a strategic move for individuals seeking more autonomy. It allows you to continue working in your area of expertise while maintaining valid U.S. immigration status—under your own business structure.
That said, the process requires detailed documentation and a strong case presentation. Every piece of evidence must support the legitimacy and activity of your business and your role within it.
Taking Control Through a Compliant Business Model
If you’re on an O-1 visa and considering taking control of your career by forming your own company, the path is open—but success hinges on compliance and evidence. With a properly structured business and a clear pipeline of work, your own company can petition for your O-1 visa, helping you gain both professional freedom and legal authorization to remain in the U.S.
Ready to Take the Next Step Toward Independence?
If you’re currently on an O-1 visa and want to explore how to structure your own company to sponsor your visa, we can help. Our firm has successfully guided professionals through this transition and can assess whether this strategy is right for your situation.
Schedule a consultation today to discuss your options and start building a compliant path to greater autonomy in the U.S.
