How startup founders qualify for the O-1A extraordinary ability visa, with 8 criteria, evidence tips, costs, and processing times for 2026.
How startup founders qualify for the O-1A extraordinary ability visa, with 8 criteria, evidence tips, costs, and processing times for 2026.
The O-1A visa allows startup founders with extraordinary ability in business or science to work in the U.S. without a lottery or annual cap. Applicants must meet at least 3 of 8 USCIS criteria under 8 CFR 214.2(o). The Form I-129 filing fee is $1,055 (or $530 for small employers), plus a $600 Asylum Program Fee. Premium processing costs $2,805 (increasing to $2,965 on March 1, 2026) and guarantees a decision within 15 business days.
The O-1A visa has no annual cap, no lottery, and no minimum degree requirement, making it one of the most flexible work visas for founders.
Applicants must demonstrate extraordinary ability by meeting at least 3 of 8 evidentiary criteria defined in 8 CFR 214.2(o).
A U.S. employer or agent must file Form I-129 on behalf of the founder - self-petition is not permitted, but founders can use their own U.S. company as petitioner.
The Form I-129 filing fee is $1,055 for most employers ($530 for small employers/nonprofits), plus a $600 Asylum Program Fee.
Premium processing guarantees a USCIS decision within 15 business days for $2,805 (increasing to $2,965 effective March 1, 2026).
Standard processing takes approximately 7.5-9 months as of early 2026.
The O-1A is initially valid for up to 3 years and can be extended in 1-year increments with no limit on renewals.
The O-1A visa has no annual cap, no lottery, and no minimum degree requirement, making it one of the most flexible work visas for founders.
Applicants must demonstrate extraordinary ability by meeting at least 3 of 8 evidentiary criteria defined in 8 CFR 214.2(o).
A U.S. employer or agent must file Form I-129 on behalf of the founder - self-petition is not permitted, but founders can use their own U.S. company as petitioner.
The Form I-129 filing fee is $1,055 for most employers ($530 for small employers/nonprofits), plus a $600 Asylum Program Fee.
Premium processing guarantees a USCIS decision within 15 business days for $2,805 (increasing to $2,965 effective March 1, 2026).
Standard processing takes approximately 7.5-9 months as of early 2026.
The O-1A is initially valid for up to 3 years and can be extended in 1-year increments with no limit on renewals.
The O-1A visa is a nonimmigrant (temporary) work visa for individuals who possess extraordinary ability in the sciences, education, business, or athletics. It is authorized under Section 101(a)(15)(O) of the Immigration and Nationality Act and governed by 8 CFR 214.2(o).
For startup founders, the O-1A falls under the "business" or "science" category. Unlike the H-1B visa, the O-1A has no annual cap, no lottery system, and no minimum degree requirement. Founders can apply at any time of year, and approval depends entirely on the strength of their evidence.
The O-1A is a petition-based visa, meaning a U.S. employer or authorized agent must file Form I-129 (Petition for a Nonimmigrant Worker) with USCIS on the founder's behalf. A critical advantage for entrepreneurs is that their own U.S. company can serve as the petitioning entity, provided there is a legitimate employer-employee relationship.
The visa is initially granted for up to 3 years, with unlimited 1-year extensions as long as the work continues. Dependents (spouse and unmarried children under 21) can accompany the O-1A holder on O-3 visas, though O-3 holders are not authorized to work in the United States.
Learn more about the O-1A visa
To qualify for the O-1A, startup founders must demonstrate that they have "extraordinary ability" in their field, defined by USCIS as a level of expertise indicating that the individual is one of the small percentage who have risen to the very top of their field of endeavor.
There are two ways to meet this standard:
Evidence of receiving a major, internationally recognized award such as a Nobel Prize, Pulitzer Prize, or Olympic medal. Very few applicants qualify through this path.
Most founders qualify by providing evidence that satisfies at least 3 of the following 8 evidentiary criteria:
1. Awards or Prizes for Excellence National or internationally recognized awards for excellence in the field. For founders, this can include startup competition wins (such as TechCrunch Disrupt), accelerator acceptances (Y Combinator, Techstars), Forbes 30 Under 30 selections, or competitive grants. The award must be selective and come from a credible institution.
2. Membership in Associations Requiring Outstanding Achievement Membership in associations that require outstanding achievements as judged by recognized experts. This could include selective founder networks, invitation-only industry groups, or professional organizations with rigorous admission criteria.
3. Published Material About the Applicant Articles in professional or major trade publications about the founder and their work. Features in outlets like Bloomberg, TechCrunch, Forbes, Inc., Fast Company, or Wired can satisfy this criterion. The coverage must be about the applicant specifically, not just the company.
4. Judging the Work of Others Evidence of serving as a judge of others' work in the field. This includes judging startup competitions, reviewing grant applications, serving on editorial boards, evaluating pitch decks for accelerators, or mentoring at recognized programs.
5. Original Contributions of Major Significance Evidence of original scientific, scholarly, or business-related contributions of major significance. For founders, this can include patents, proprietary technology, novel business models, or products that have been adopted by major clients or significantly impacted the industry.
6. Authorship of Scholarly Articles Published articles in professional or major trade publications or media. This can include academic papers, published research, articles in industry journals, or authored pieces in major publications.
7. Leading or Critical Role at Distinguished Organizations Employment in a critical or essential capacity for organizations with a distinguished reputation. Founders serving as CEO or CTO of a venture-backed startup, or holding leadership roles at recognized companies before founding their own, can satisfy this criterion. USCIS looks for evidence that the organization is distinguished (investor backing, notable clients, industry recognition) and that the founder's role was truly critical.
8. High Salary or Remuneration Evidence of commanding a high salary or significantly high remuneration relative to others in the field. For founders, this can include equity compensation, SAFE agreements (Simple Agreements for Future Equity), salary above the 95th percentile for the role and location, or total compensation packages that demonstrate extraordinary value. USCIS may compare the applicant's compensation to national data from the FLC Data Center, Glassdoor, or similar resources.
Important: Meeting 3 criteria alone does not guarantee approval. USCIS conducts a "final merits determination" evaluating the totality of evidence to confirm that the applicant has sustained national or international acclaim and is among the small percentage at the very top of their field.
The O-1A criteria were not originally designed for entrepreneurs, but many founder activities naturally align with them. Here are the most common combinations for startup founders:
A founder who has won a startup competition or been selected for a top accelerator (Criterion 1), received press coverage in major publications (Criterion 3), and serves as CEO of a funded startup (Criterion 7).
A founder with a patented technology or product used by major companies (Criterion 5), equity or salary in the top 5% (Criterion 8), and media features in trade publications (Criterion 3).
A founder who judges hackathons or startup competitions (Criterion 4), has won grants or awards (Criterion 1), and has developed a novel product adopted by significant users (Criterion 5).
USCIS evaluates each case holistically. Strong recommendation letters from independent industry experts, investors, and peers are essential regardless of which criteria combination is used. Experts recommend obtaining 5-8 recommendation letters that specifically address the founder's extraordinary ability and sustained acclaim.
Form I-129, Petition for a Nonimmigrant Worker
Copies of the beneficiary's passport and any prior U.S. visa stamps
A written advisory opinion from a relevant peer group, labor organization, or management organization (required by regulation)
Employment contract or summary of the terms of employment
Itinerary of planned work activities in the U.S.
Awards: Award certificates, selection letters, press releases, evidence showing selectivity (acceptance rates, number of applicants)
Memberships: Membership confirmation, organization bylaws showing admission criteria, evidence of judged selection process
Published material: Full articles with publication name, date, and circulation data; must be about the applicant
Judging: Invitation letters, confirmation of participation, screenshots of judging roles, event details
Original contributions: Patents, technical documentation, adoption evidence (customer letters, usage data), industry expert testimony
Scholarly articles: Published papers with journal details, citation counts from Google Scholar
Critical role: Offer letter or employment verification, organizational charts, evidence of the organization's distinguished reputation (funding, awards, media coverage), evidence of the founder's specific contributions
High salary: Pay stubs, tax returns, equity agreements, SAFE notes, comparative salary data from FLC Data Center or salary databases
Obtain 5-8 letters from recognized experts who can speak to the applicant's extraordinary ability. Ideally, at least 2-3 letters should come from independent experts who have not directly worked with the founder. Strong recommenders include well-known CEOs, venture capital partners, university professors, or industry leaders from diverse geographic sources.
Step 1: Establish the Petitioning Entity The founder's U.S. company can serve as the petitioner. If the company is not yet formed, an authorized U.S. agent can file on the founder's behalf. The petitioner must demonstrate a legitimate employer-employee relationship.
Step 2: Obtain an Advisory Opinion USCIS requires a written advisory opinion from a peer group or labor organization in the founder's field. This letter confirms the applicant's extraordinary ability. For business-focused O-1A petitions, organizations like industry associations or relevant professional groups can provide this opinion.
Step 3: Gather Evidence and Build the Petition Compile documentation for at least 3 of the 8 criteria. Write a comprehensive petition letter presenting a clear narrative of the founder's extraordinary ability. Collect recommendation letters from credible, independent experts.
Step 4: File Form I-129 with USCIS Submit Form I-129 with all supporting evidence. Include the filing fee ($1,055 or $530 for small employers) plus the $600 Asylum Program Fee. Optionally include Form I-907 for premium processing.
Form I-129 information: USCIS Form I-129
Step 5: USCIS Adjudication Standard processing takes approximately 7.5-9 months as of early 2026. Premium processing guarantees a response within 15 business days. Possible outcomes include approval, Request for Evidence (RFE), Notice of Intent to Deny (NOID), or denial.
Step 6: Consular Processing or Change of Status If the founder is outside the U.S., they must attend a visa interview at a U.S. consulate after I-129 approval. If already in the U.S. on valid status, the petitioner can request a change of status with the I-129 filing.
Step 7: Enter the U.S. and Begin Work After visa stamp issuance or change of status approval, the founder can begin working for the petitioning entity on the approved start date.
Not sure if the O-1A is right for you? Take the free visa evaluation
Item | Cost / Timeline |
|---|---|
Form I-129 filing fee (most employers) | $1,055 |
Form I-129 filing fee (small employers/nonprofits) | $530 |
Asylum Program Fee | $600 |
Premium processing (Form I-907) | $2,805 (increasing to $2,965 on March 1, 2026) |
Standard processing time | 7.5-9 months (80% of cases) |
Premium processing time | 15 business days |
DS-160 visa application fee (consular processing) | $205 |
O-3 dependent visa (Form I-539) | $420 (online) / $470 (paper) |
Attorney fees (typical range) | $5,000-$15,000 |
Total government fees (no premium) | $1,655 |
Total government fees (with premium) | $4,460 (before March 1, 2026) |
Initial visa duration | Up to 3 years |
Extension increments | 1 year (unlimited renewals) |
Note: Premium processing fees increase to $2,965 for Form I-907 postmarked on or after March 1, 2026. Source: Federal Register, Adjustment to Premium Processing Fees
Feature | O-1A | H-1B |
|---|---|---|
Visa Type | Nonimmigrant (temporary) | Nonimmigrant (temporary) |
Annual Cap | No cap | 85,000 (65,000 regular + 20,000 master's) |
Lottery Required | No | Yes (unless cap-exempt) |
Degree Required | No | Bachelor's minimum (or equivalent) |
Employer Sponsorship | Required (own company can petition) | Required |
Self-Petition | Not permitted (but own company can file) | Not permitted |
Processing Time (Standard) | 7.5-9 months | 3-8 months |
Premium Processing | 15 business days ($2,805) | 15 business days ($2,805) |
Filing Fee | $1,055 | $1,055 + ACWIA fee ($750-$1,500) + $500 fraud fee |
Initial Duration | Up to 3 years | 3 years |
Maximum Duration | Unlimited extensions | 6 years (extensions possible with green card in process) |
Dual Intent | Not formally dual intent, but green card pursuit generally allowed | Dual intent |
Path to Green Card | EB-1A, EB-2 NIW (same evidence base) | EB-2, EB-3 (requires PERM) |
Best For | Founders with documented extraordinary achievements | Professionals with specialty occupation and degree |
The O-1A is generally preferred by startup founders because it avoids the H-1B lottery (which had a selection rate of approximately 25-30% in recent years), has no degree requirement, and allows unlimited extensions. The trade-off is a higher evidence bar - founders must demonstrate extraordinary ability, not just a specialty occupation.
Learn more about the H-1B visa
Titles like "CEO" or "Founder" do not automatically satisfy any O-1A criteria. USCIS requires specific evidence backing up each claimed criterion with data, documentation, and independent verification.
Template letters that lack specific facts about the founder's achievements and impact are a leading cause of RFEs. Each letter should address specific criteria and provide detailed examples of the founder's extraordinary ability.
USCIS distinguishes between the company's success and the founder's personal recognition. Media coverage about the company alone may not satisfy the "published material" criterion unless the articles specifically discuss the founder's role and contributions.
Meeting 3 criteria is the minimum threshold, but USCIS also conducts a final merits determination. The totality of evidence must show sustained national or international acclaim. Founders with only local or regional recognition may face denials even if they technically meet 3 criteria.
The advisory opinion letter is required by regulation. A vague or poorly written opinion from an irrelevant organization can weaken the petition. The opinion should come from a recognized peer group in the founder's specific field.
With standard processing taking 7.5-9 months, founders who file too close to their intended start date risk delays. Experts recommend filing at least 6 months before the planned start date, or using premium processing for time-sensitive situations.
The O-1A visa is a nonimmigrant (temporary) work visa for individuals who possess extraordinary ability in the sciences, education, business, or athletics. It is authorized under Section 101(a)(15)(O) of the Immigration and Nationality Act and governed by 8 CFR 214.2(o).
For startup founders, the O-1A falls under the "business" or "science" category. Unlike the H-1B visa, the O-1A has no annual cap, no lottery system, and no minimum degree requirement. Founders can apply at any time of year, and approval depends entirely on the strength of their evidence.
The O-1A is a petition-based visa, meaning a U.S. employer or authorized agent must file Form I-129 (Petition for a Nonimmigrant Worker) with USCIS on the founder's behalf. A critical advantage for entrepreneurs is that their own U.S. company can serve as the petitioning entity, provided there is a legitimate employer-employee relationship.
The visa is initially granted for up to 3 years, with unlimited 1-year extensions as long as the work continues. Dependents (spouse and unmarried children under 21) can accompany the O-1A holder on O-3 visas, though O-3 holders are not authorized to work in the United States.
Learn more about the O-1A visa
To qualify for the O-1A, startup founders must demonstrate that they have "extraordinary ability" in their field, defined by USCIS as a level of expertise indicating that the individual is one of the small percentage who have risen to the very top of their field of endeavor.
There are two ways to meet this standard:
Evidence of receiving a major, internationally recognized award such as a Nobel Prize, Pulitzer Prize, or Olympic medal. Very few applicants qualify through this path.
Most founders qualify by providing evidence that satisfies at least 3 of the following 8 evidentiary criteria:
1. Awards or Prizes for Excellence National or internationally recognized awards for excellence in the field. For founders, this can include startup competition wins (such as TechCrunch Disrupt), accelerator acceptances (Y Combinator, Techstars), Forbes 30 Under 30 selections, or competitive grants. The award must be selective and come from a credible institution.
2. Membership in Associations Requiring Outstanding Achievement Membership in associations that require outstanding achievements as judged by recognized experts. This could include selective founder networks, invitation-only industry groups, or professional organizations with rigorous admission criteria.
3. Published Material About the Applicant Articles in professional or major trade publications about the founder and their work. Features in outlets like Bloomberg, TechCrunch, Forbes, Inc., Fast Company, or Wired can satisfy this criterion. The coverage must be about the applicant specifically, not just the company.
4. Judging the Work of Others Evidence of serving as a judge of others' work in the field. This includes judging startup competitions, reviewing grant applications, serving on editorial boards, evaluating pitch decks for accelerators, or mentoring at recognized programs.
5. Original Contributions of Major Significance Evidence of original scientific, scholarly, or business-related contributions of major significance. For founders, this can include patents, proprietary technology, novel business models, or products that have been adopted by major clients or significantly impacted the industry.
6. Authorship of Scholarly Articles Published articles in professional or major trade publications or media. This can include academic papers, published research, articles in industry journals, or authored pieces in major publications.
7. Leading or Critical Role at Distinguished Organizations Employment in a critical or essential capacity for organizations with a distinguished reputation. Founders serving as CEO or CTO of a venture-backed startup, or holding leadership roles at recognized companies before founding their own, can satisfy this criterion. USCIS looks for evidence that the organization is distinguished (investor backing, notable clients, industry recognition) and that the founder's role was truly critical.
8. High Salary or Remuneration Evidence of commanding a high salary or significantly high remuneration relative to others in the field. For founders, this can include equity compensation, SAFE agreements (Simple Agreements for Future Equity), salary above the 95th percentile for the role and location, or total compensation packages that demonstrate extraordinary value. USCIS may compare the applicant's compensation to national data from the FLC Data Center, Glassdoor, or similar resources.
Important: Meeting 3 criteria alone does not guarantee approval. USCIS conducts a "final merits determination" evaluating the totality of evidence to confirm that the applicant has sustained national or international acclaim and is among the small percentage at the very top of their field.
The O-1A criteria were not originally designed for entrepreneurs, but many founder activities naturally align with them. Here are the most common combinations for startup founders:
A founder who has won a startup competition or been selected for a top accelerator (Criterion 1), received press coverage in major publications (Criterion 3), and serves as CEO of a funded startup (Criterion 7).
A founder with a patented technology or product used by major companies (Criterion 5), equity or salary in the top 5% (Criterion 8), and media features in trade publications (Criterion 3).
A founder who judges hackathons or startup competitions (Criterion 4), has won grants or awards (Criterion 1), and has developed a novel product adopted by significant users (Criterion 5).
USCIS evaluates each case holistically. Strong recommendation letters from independent industry experts, investors, and peers are essential regardless of which criteria combination is used. Experts recommend obtaining 5-8 recommendation letters that specifically address the founder's extraordinary ability and sustained acclaim.
Form I-129, Petition for a Nonimmigrant Worker
Copies of the beneficiary's passport and any prior U.S. visa stamps
A written advisory opinion from a relevant peer group, labor organization, or management organization (required by regulation)
Employment contract or summary of the terms of employment
Itinerary of planned work activities in the U.S.
Awards: Award certificates, selection letters, press releases, evidence showing selectivity (acceptance rates, number of applicants)
Memberships: Membership confirmation, organization bylaws showing admission criteria, evidence of judged selection process
Published material: Full articles with publication name, date, and circulation data; must be about the applicant
Judging: Invitation letters, confirmation of participation, screenshots of judging roles, event details
Original contributions: Patents, technical documentation, adoption evidence (customer letters, usage data), industry expert testimony
Scholarly articles: Published papers with journal details, citation counts from Google Scholar
Critical role: Offer letter or employment verification, organizational charts, evidence of the organization's distinguished reputation (funding, awards, media coverage), evidence of the founder's specific contributions
High salary: Pay stubs, tax returns, equity agreements, SAFE notes, comparative salary data from FLC Data Center or salary databases
Obtain 5-8 letters from recognized experts who can speak to the applicant's extraordinary ability. Ideally, at least 2-3 letters should come from independent experts who have not directly worked with the founder. Strong recommenders include well-known CEOs, venture capital partners, university professors, or industry leaders from diverse geographic sources.
Step 1: Establish the Petitioning Entity The founder's U.S. company can serve as the petitioner. If the company is not yet formed, an authorized U.S. agent can file on the founder's behalf. The petitioner must demonstrate a legitimate employer-employee relationship.
Step 2: Obtain an Advisory Opinion USCIS requires a written advisory opinion from a peer group or labor organization in the founder's field. This letter confirms the applicant's extraordinary ability. For business-focused O-1A petitions, organizations like industry associations or relevant professional groups can provide this opinion.
Step 3: Gather Evidence and Build the Petition Compile documentation for at least 3 of the 8 criteria. Write a comprehensive petition letter presenting a clear narrative of the founder's extraordinary ability. Collect recommendation letters from credible, independent experts.
Step 4: File Form I-129 with USCIS Submit Form I-129 with all supporting evidence. Include the filing fee ($1,055 or $530 for small employers) plus the $600 Asylum Program Fee. Optionally include Form I-907 for premium processing.
Form I-129 information: USCIS Form I-129
Step 5: USCIS Adjudication Standard processing takes approximately 7.5-9 months as of early 2026. Premium processing guarantees a response within 15 business days. Possible outcomes include approval, Request for Evidence (RFE), Notice of Intent to Deny (NOID), or denial.
Step 6: Consular Processing or Change of Status If the founder is outside the U.S., they must attend a visa interview at a U.S. consulate after I-129 approval. If already in the U.S. on valid status, the petitioner can request a change of status with the I-129 filing.
Step 7: Enter the U.S. and Begin Work After visa stamp issuance or change of status approval, the founder can begin working for the petitioning entity on the approved start date.
Not sure if the O-1A is right for you? Take the free visa evaluation
Item | Cost / Timeline |
|---|---|
Form I-129 filing fee (most employers) | $1,055 |
Form I-129 filing fee (small employers/nonprofits) | $530 |
Asylum Program Fee | $600 |
Premium processing (Form I-907) | $2,805 (increasing to $2,965 on March 1, 2026) |
Standard processing time | 7.5-9 months (80% of cases) |
Premium processing time | 15 business days |
DS-160 visa application fee (consular processing) | $205 |
O-3 dependent visa (Form I-539) | $420 (online) / $470 (paper) |
Attorney fees (typical range) | $5,000-$15,000 |
Total government fees (no premium) | $1,655 |
Total government fees (with premium) | $4,460 (before March 1, 2026) |
Initial visa duration | Up to 3 years |
Extension increments | 1 year (unlimited renewals) |
Note: Premium processing fees increase to $2,965 for Form I-907 postmarked on or after March 1, 2026. Source: Federal Register, Adjustment to Premium Processing Fees
Feature | O-1A | H-1B |
|---|---|---|
Visa Type | Nonimmigrant (temporary) | Nonimmigrant (temporary) |
Annual Cap | No cap | 85,000 (65,000 regular + 20,000 master's) |
Lottery Required | No | Yes (unless cap-exempt) |
Degree Required | No | Bachelor's minimum (or equivalent) |
Employer Sponsorship | Required (own company can petition) | Required |
Self-Petition | Not permitted (but own company can file) | Not permitted |
Processing Time (Standard) | 7.5-9 months | 3-8 months |
Premium Processing | 15 business days ($2,805) | 15 business days ($2,805) |
Filing Fee | $1,055 | $1,055 + ACWIA fee ($750-$1,500) + $500 fraud fee |
Initial Duration | Up to 3 years | 3 years |
Maximum Duration | Unlimited extensions | 6 years (extensions possible with green card in process) |
Dual Intent | Not formally dual intent, but green card pursuit generally allowed | Dual intent |
Path to Green Card | EB-1A, EB-2 NIW (same evidence base) | EB-2, EB-3 (requires PERM) |
Best For | Founders with documented extraordinary achievements | Professionals with specialty occupation and degree |
The O-1A is generally preferred by startup founders because it avoids the H-1B lottery (which had a selection rate of approximately 25-30% in recent years), has no degree requirement, and allows unlimited extensions. The trade-off is a higher evidence bar - founders must demonstrate extraordinary ability, not just a specialty occupation.
Learn more about the H-1B visa
Titles like "CEO" or "Founder" do not automatically satisfy any O-1A criteria. USCIS requires specific evidence backing up each claimed criterion with data, documentation, and independent verification.
Template letters that lack specific facts about the founder's achievements and impact are a leading cause of RFEs. Each letter should address specific criteria and provide detailed examples of the founder's extraordinary ability.
USCIS distinguishes between the company's success and the founder's personal recognition. Media coverage about the company alone may not satisfy the "published material" criterion unless the articles specifically discuss the founder's role and contributions.
Meeting 3 criteria is the minimum threshold, but USCIS also conducts a final merits determination. The totality of evidence must show sustained national or international acclaim. Founders with only local or regional recognition may face denials even if they technically meet 3 criteria.
The advisory opinion letter is required by regulation. A vague or poorly written opinion from an irrelevant organization can weaken the petition. The opinion should come from a recognized peer group in the founder's specific field.
With standard processing taking 7.5-9 months, founders who file too close to their intended start date risk delays. Experts recommend filing at least 6 months before the planned start date, or using premium processing for time-sensitive situations.
Frequently Asked Questions
Can a startup founder use their own company to petition for an O-1A visa?
A founder's own U.S. company can serve as the petitioning entity for the O-1A visa, provided there is a legitimate employer-employee relationship. If the company is not yet established, a U.S.-based agent can file the petition on the founder's behalf. Self-petition (filing without any employer or agent) is not permitted.
Can a startup founder use their own company to petition for an O-1A visa?
How much does it cost to file an O-1A visa for a startup founder in 2026?
The Form I-129 filing fee is $1,055 for most employers ($530 for small employers and nonprofits), plus a $600 Asylum Program Fee. Premium processing adds $2,805 (increasing to $2,965 on March 1, 2026) for a 15 business day decision. Attorney fees typically range from $5,000-$15,000, bringing the total to approximately $7,000-$20,000.
How much does it cost to file an O-1A visa for a startup founder in 2026?
Do I need a degree to qualify for the O-1A visa?
No. Unlike the H-1B visa, the O-1A has no minimum education requirement. Eligibility is based entirely on demonstrating extraordinary ability through evidence meeting at least 3 of 8 USCIS criteria. Many successful startup founders qualify through business achievements, media coverage, and industry recognition rather than academic credentials.
Do I need a degree to qualify for the O-1A visa?
How long does O-1A processing take for startup founders in 2026?
Standard processing takes approximately 7.5-9 months for 80% of cases as of early 2026. Premium processing guarantees a USCIS response within 15 business days for an additional fee of $2,805 ($2,965 after March 1, 2026). If USCIS issues a Request for Evidence, the timeline pauses until the response is submitted.
How long does O-1A processing take for startup founders in 2026?
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