If you’re building something exciting in Tech, AI, or business from India — and thinking about growing in the U.S. — you’re not alone. More and more Indian founders and professionals are looking beyond the H-1B visa and exploring smarter, faster options.
One of those options is the O-1 visa. It’s for people with “extraordinary ability” — but don’t let the wording scare you. If you’ve built a Startup, raised funding, launched a product, or been recognized for your work, you might be closer to qualifying than you think. In this article, we’ll explore how the O-1 visa works, why more Indian founders are choosing it, and what you need to know in 2025. Our aim is to provide clear information, without legal jargon to help you understand if this visa path might be worth exploring further.
Understanding the O-1 Entrepreneur Visa
What is O-1 visa? It’s a U.S. work visa for individuals who possess extraordinary talent or achievements in areas like arts, science, business, or athletics. This visa allows temporary employment in your specialized field.
It can be helpful to think of the O-1 visa not as a typical work visa, but as a classification for “extraordinary ability.” It is designed for individuals who can demonstrate that they are at the top of their field, whether in science, arts, education, business, or athletics. How does this apply to a startup founder?
U.S. Citizenship and Immigration Services (USCIS) has increasingly acknowledged that building an innovative company, securing funding, and developing disruptive technology can be powerful indicators of top-tier talent. This is why the O-1 visa has become particularly valuable. The O-1 extraordinary ability visa for entrepreneurs is well-suited for tech founders because their professional accomplishments—code, products, funding rounds—might serve as the very evidence needed for the petition.
Who Qualifies for the O-1 Visa?
The key to the O-1 is proving you meet the “extraordinary ability” standard. This means providing evidence that you satisfy at least three of the following eight official criteria, often demonstrated through achievements unique to founders:
- Nationally or internationally recognized prizes or awards for excellence in the field.
- Membership in associations that require outstanding achievements of their members.
- Published material about you in major media or professional publications (e.g., articles covering your startup’s funding rounds or product launches).
- Evidence of judging the work of others, either individually or on a panel (e.g., for a hackathon or startup competition).
- Original scientific, scholarly, or business-related contributions of major significance to the field—often proven by securing significant venture capital, which validates the importance of your work.
- Authorship of scholarly articles in the field in professional journals or other major media.
- Performing in a leading or critical role for organizations with a distinguished reputation (your own venture-backed startup is a prime example).
- Commanding a high salary or other significant remuneration for services, which can include the value of company equity.
The O-1 Visa Application Process
Step 1: A Self-Assessment of Your Profile
A good first step is a self-assessment. Does your profile align with at least three of the criteria listed above? Answering these questions can help you gauge your potential eligibility.
Step 2: Gathering Supporting Documents
This step involves gathering the evidence to build your case. This can include business contracts, press clippings, investment agreements, expert opinion letters, and patent filings.
Step 3: Finding a U.S. Petitioner or Agent
It is recommended that an O-1 petition is filed by a U.S. entity. This can be your U.S.-based company, another employer, or a U.S. agent, who can offer more flexibility.
Step 4: Filing Form I-129
Your U.S. petitioner files Form I-129 with USCIS. While the process is rigorous, many applicants find success with a well-organized petition.
Step 5: Preparing for the Consular Interview in India
Once your petition is approved, the final step is a visa interview at a U.S. consulate in India. Due to high demand, wait times for appointments can be significant, which makes early planning a common practice among applicants. While an Interview Waiver Program (the “dropbox” system) exists, first-time O-1 applicants typically have an in-person interview. Many choose to book their slot upon receiving the I-797 approval notice to help secure a timely appointment. The interview is an opportunity to discuss business achievements, and the most current instructions are always available on the specific consulate’s official website.
O-1 visa processing time typically ranges from 2 to 3 months through regular filing. With premium processing, the O-1 visa processing time is reduced to just 15 calendar days.
Potential Benefits of the O-1 Visa for Indian Tech Entrepreneurs
- Fast-Track Processing: For an additional fee, you can use Premium Processing to get a decision on your petition from USCIS within 15 calendar days.
- No Minimum Investment Mandate: The focus is on your abilities, not a specific investment amount.
- Flexibility: The visa can allow for work with multiple companies, which is well-suited to the dynamic life of a founder.
- Possible Pathway to a Green Card: The criteria for the O-1 visa overlap significantly with the EB-1A Green Card category.
Key Considerations for Indian Entrepreneurs
The O-1 process requires careful planning and strong documentation to meet the high standard of “extraordinary ability.” It is also crucial to remain in compliance with all U.S. immigration laws and the specific terms of your O-1 visa status after approval.
O-1 visa visa requirements include demonstrating extraordinary ability in your field with strong evidence like awards, publications, or expert references. You must also have a U.S. employer or agent to sponsor your petition.
Indian Entrepreneur O-1 Visa Success Story
In March 2025, an Indian entrepreneur with extraordinary abilities in the blockchain and decentralized finance sector received official approval for their O-1A visa.
This case in particular was successfully handled by the O-1 visa lawyers at Manifest Law, who developed a petition that clearly demonstrated the founder’s extraordinary ability and leadership in the field, especially considering it was approved with no Request for Evidence (RFE).
The beneficiary was a smart contract engineer and infrastructure innovator, and their track record of impactful contributions to blockchain development helped build an impressive petition:
- Leadership roles in distinguished fintech and blockchain organizations
- Receipt of national and international awards for innovation
- Authorship of well-cited scholarly and industry publications
- Experience judging professional competitions and hackathons
- Compensation consistent with top-tier expertise in the field
Filed with premium processing, the petition was approved just 15 days after submission. Pair that rapid timeline with the approval coming without an RFE, and it becomes quite clear how important the strength of the case is when it comes to O-1 visas. Below is an example of the beneficiary’s I-797B notifying them of their approval:
For Indian tech founders building in high-growth areas like DeFi and fintech, success stories like this show just what is possible with the right evidence and the right team behind you.
Other U.S. Visa Options to Explore
It’s helpful to be aware of alternatives. The H-1B is subject to an annual lottery. The E-2 Treaty Investor visa is not currently an option for citizens of India. The EB-1 visa leads to a Green Card but generally has a higher evidentiary threshold than the O-1.
Final Thoughts
For many Indian Founders, the U.S. visa system feels like a dead end — long backlogs, endless waiting, and not enough control. The O-1 visa offers something different: a path based on what you’ve achieved, not a lottery.
It’s not always easy, but if you’ve built something meaningful, there’s a real chance this visa could work for you. And it might be the smartest way to move forward — faster and on your own terms. If you’re an Indian Entrepreneur and this overview of the O-1 visa resonates with your achievements and goals, the next step is a personalized assessment.
Disclaimer: This article provides general information for educational purposes only and does not constitute legal advice. U.S. immigration laws are complex and subject to frequent change. The information provided herein is not exhaustive and may not cover all aspects of your specific situation. You should not rely on this information as a substitute for consultation with a qualified and licensed U.S. immigration attorney who can assess your individual circumstances and provide tailored advice.
