Bestselling author Sophie Alcorn, attorney and founder Alcorn Immigration Law In Silicon Valley, California, he is an award-winning Certified Specialist in Immigration and Nationality Law by the State Bar Board for Legal Specialization. Sophie is passionate about transcending borders, expanding opportunities, and connecting the world through her compassionate, insightful, and expert immigration law practice. Connect with Sophie on LinkedIn And Twitter.
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Dear Sophie,
I am an international student from India and will be eligible for STEM OPT starting January.
My plan was to find a way to use it in my tech startup, but eventually, I need to switch to a work visa because I want to become a CEO.
Can I bypass the whole H-1B visa issue by getting an O-1A visa? If yes, can I do this once I have a bachelor’s degree? What is considered an extraordinary ability?
– Energetic STEM student
Dear Rouhaniya,
I’m so excited to hear that you’re jumping into the role of startup founder – and I’m so excited that you’re planning for the future! As always, I advise you to consult an immigration attorney for guidance. Follow your heart as you think your way to extraordinary ability; We’ll talk more about this requirement below!
Yes – you can definitely bypass the H-1B Specialized Occupation visa for the O-1A Exceptional Ability visa! No one is ever required to get an H-1B, and many paths can lead to your green card. The O-1A often matches the capabilities and experience of startup founders better than the H-1B.
It has no fixed requirements regarding education or salary — unlike the H-1B — and your startup or An agent can sponsor you for an O-1A. Just keep in mind that the qualifying bar for O-1A is higher than it is for H-1B. However, since there is a low barrier to entry in the annual H-1B lottery in March (businesses currently pay USCIS [USCIS] $10 per filing), confirm your H-1B eligibility with your immigration attorney and consider pursuing them in parallel as a backup.
Let’s first examine how to prepare your startup to qualify for F-1 STEM OPT and O-1A.
Forming a startup company
If you are on regular OPT and want to apply for O-1A even before STEM OPT, consider forming your startup legal entity. Your corporate attorney can help you determine the best way to organize the company in light of your financial (venture capital) goals and immigration requirements, which I will cover in more detail shortly.