The Real Deal on O-1 Visas for Startup Founders!
What 50+ founders taught me about building startups on F-1, OPT, H-1B, and O-1.
When I first started digging into visa options as an aspiring founder, the conversations were overwhelming full of legal jargon, caveats, and “you can’t do this, you can’t do that.”
But here’s what I’ve learned after talking to founders in New York, SF, and beyond: the reality on the ground is very different from the “lawyer disclaimers.” Founders are figuring this out every single day.
This post is not legal advice. It’s the founder’s guide what actually works in practice.
1. Yes, you can self-petition for O-1 as a founder
O-1 isn’t just for celebrities or “superstars” in tech founders qualify too. If you’re running a real startup with traction, you can petition yourself.
Real-world insight: Many founders in NYC, SF, and Austin have successfully filed on their own. It’s all about showing achievements, awards, press coverage, and investor backing.
2. F-1 / OPT founders are running companies right now
You might be on F-1, OPT, or STEM OPT. Guess what? People run companies legally every day while on these visas.
How it works in practice:
You can own the company and make strategic decisions.
Operational tasks? Often delegated to a U.S.-based COO, advisor, or team member.
Raises? You can fundraise and pay yourself through authorized employment under STEM OPT.
Tip: Structure your company with roles that match visa rules but don’t overcomplicate it. Founders figure this out all the time.
3. H-1B makes it trickier, but not impossible
If you’re on H-1B, your work is tied to your employer. But many founders:
File a concurrent H-1B for their startup, or
Set up the company so they’re advising or directing without day-to-day operational work.
It takes careful planning, but founders do it successfully.
4. What lawyers won’t tell you
Lawyers often warn about what you can’t do. Here’s the reality:
You can run a startup, but structure matters.
Delegating operational control to co-founders or directors is common.
Showing traction (customers, investors, media) is what actually convinces USCIS.
5. Actionable Steps for Founders
Document your achievements: traction, funding, press, awards.
Define operational roles: who handles day-to-day vs. strategic decisions.
Use authorized work channels: if you’re on OPT/STEM OPT.
Talk to other founders: who’ve successfully navigated this learn from real examples.
Bottom line: International founders run companies in the U.S. all the time. O-1 is doable. F-1 / OPT founders can lead with smart structuring. H-1B founders just need a bit more planning.
Stop worrying about “can’t”, focus on what actually works.
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