O-1A Visa for Founders, Engineers and AI Researchers
The O-1A visa for founders, engineers, AI researchers, scientists, executives and investors: how each role maps to the criteria and the evidence to build.
Page reviewed October 8, 2026.
Quick answer. The O-1A is the U.S. work visa for people with extraordinary ability in the sciences, education, business or athletics. It has no annual cap and no lottery. You show a major internationally recognized award, or at least three of eight criteria, such as published material about you, original contributions of major significance, a critical role at a distinguished organization, or a high salary. Founders, engineers, AI and ML researchers, scientists and executives usually build their case from a handful of those criteria. A title alone does not qualify you. USCIS looks at the evidence.
Ten roles that often look at the O-1A
The table shows where each role usually finds its strongest evidence. It is general guidance. Whether you qualify depends on your own record.
| Role | Criteria that often carry the case | Evidence to start collecting |
|---|---|---|
| Startup founders and co-founders | Critical role, press, original contributions, high remuneration | Funding from named investors, coverage in major outlets, traction, board or advisor roles |
| AI and machine-learning researchers | Original contributions, scholarly articles, judging | Papers at top venues, citations, peer-review and program-committee roles, patents |
| ML and AI engineers | Original contributions, critical role, high salary | Shipped systems and their impact, open-source adoption, compensation records, expert letters |
| Software engineers and tech leads | Critical role, original contributions, high salary | Role at a distinguished company, widely used code or products, press, offer and pay evidence |
| Scientists and PhD researchers | Scholarly articles, original contributions, awards | Publications, citation reports, grants and fellowships, reviewer roles, independent expert letters |
| CTOs, CEOs and other executives | Critical role, high remuneration, press | Org charts, funding and revenue milestones, compensation, coverage naming the person |
| Product and growth leaders | Critical role, original contributions, press | Products or growth programs attributed to you, metrics, awards, speaking and published material |
| Venture capitalists and investors | Critical role, judging, press | Fund role, notable investments and outcomes, board seats, selection panels, coverage |
| Crypto and web3 founders and engineers | Original contributions, critical role, press | Protocol or product adoption, audits, grants, recognized awards, coverage in trade and major media |
| Physicians and medical researchers | Scholarly articles, judging, original contributions | Publications, clinical or research impact, grant awards, editorial and review roles |
The eight O-1A criteria, in plain terms
You need a major internationally recognized award, or at least three of these:
- Nationally or internationally recognized prizes or awards for excellence in the field
- Membership in associations that require outstanding achievement of their members
- Published material about you in professional or major trade publications or major media
- Judging the work of others in the field, individually or on a panel
- Original scientific, scholarly or business-related contributions of major significance
- Authorship of scholarly articles in professional journals or major media
- Employment in a critical or essential capacity for organizations with a distinguished reputation
- A high salary or other remuneration compared with others in the field
What tech and science cases usually get wrong
- Counting boxes instead of building a story. USCIS first checks the criteria, then looks at the evidence as a whole.
- Filing before the company or the work has substance: no named investors, no independent coverage, no measurable impact.
- Leaning on a job title. A senior title helps only when documents show what you built and why it mattered.
- Asking co-authors or close colleagues for every expert letter, instead of independent experts in the field.
- Treating the petitioner as a detail. The petition needs a U.S. employer or a U.S. agent to file it.
Who files, and what happens next
- A petition needs a U.S. petitioner: a U.S. employer, a U.S. agent, or a foreign employer through a U.S. agent. You cannot file for yourself.
- There is no annual cap and no lottery. Premium processing is optional and gets a decision in 15 business days. A decision can be an approval, a request for evidence or a denial.
- Founders and people who work with several clients often use an agent petitioner, where the rules allow it. Lando can act as your U.S. agent petitioner where the rules allow it.
- USCIS fees are separate from the service fee. See the cost page for the current amounts.
Check where you stand
A free 2-minute check maps your record to the O-1A criteria and shows which evidence is strongest. A free 15-minute call follows if you want to go further.
Common questions
Can a software engineer get an O-1A?
Yes, if the record supports it. Engineers usually build the case from original contributions, a critical role at a distinguished organization, a high salary and published material. A senior title alone is not enough.
Can an AI or machine-learning researcher get an O-1A?
Many do. Papers at recognized venues, citations, peer review and program-committee roles, patents and expert letters are the usual evidence. What matters is the measurable impact of the work.
Can a startup founder get an O-1A?
Yes. Founders often rely on funding from recognized investors, coverage in major outlets, traction, board or advisor roles and a documented critical role. The company needs enough substance to support the case.
Do I need a job offer for an O-1A?
You need a U.S. petitioner, which can be an employer, an agent, or a foreign employer through a U.S. agent. Founders and people who work with several clients often use an agent petitioner, where the rules allow it.
Is there a cap or a lottery for the O-1A?
No. The O-1A has no annual cap and no lottery, unlike the H-1B.
How much does an O-1A visa cost with Lando?
A flat service fee of USD 10,000 per case. USCIS fees are separate. The cost page lists what is included and the current USCIS amounts.
Does Lando guarantee approval?
No. USCIS decides every petition, and Lando does not promise an outcome. Lando is not a law firm. Petitions are prepared in coordination with licensed U.S. immigration attorneys.
Sources
- USCIS: O-1 visa, individuals with extraordinary ability or achievement
- USCIS Policy Manual, Volume 2, Part M, Chapter 4 (O-1)
- 8 CFR 214.2(o), O-1 classification
Checked October 2026.
Lando is not a law firm and does not provide legal advice. Petitions are prepared in coordination with licensed U.S. immigration attorneys.