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Business / entrepreneurship

US talent visa for entrepreneurs and business owners

Updated: Author: Alina Kanametova

Entrepreneurs and executives rely on a leading role, high salary, original contribution (launches, growth) and mentions in business media.

Key answer

Entrepreneurs most often claim leading role, published material about them, and high salary. Leading role has two halves and the second gets forgotten: proving the title is not enough, the organization’s own distinguished reputation has to be shown too. Salary needs a comparable basis - occupation, industry, area, and the currency actually paid.

Which criteria usually fit

143 AAO decisions in "Business / entrepreneurship": 4 sustained / 33 remanded / 106 dismissedMost often missing: awards, original contribution

Professions in this field

Figures are the U.S. median annual wage per O*NET OnLine (BLS 2025) for the closest DOL occupation.

Associations

  • Association of Professional Directors (IDA / APD)

    from real cases
  • International Association of Entrepreneurs and Executives (IAEE)

    from real cases
  • Moscow Entrepreneurs' Association (IPO MEA)

    from real cases
  • Qazaq Independent Directors Association (QID)

    from real cases
  • Chamber of Independent Directors of the Kyrgyz Republic (KNED)

    from real cases
  • Astana Hub / Tech Garden

    from real cases
  • from real cases
  • The Ventures Club / Prosto Venture Association / Selective VC

    from real cases
  • Resource and Community Club

    from real cases
  • Krokit Club

    from real cases
  • Forbes Business Council

    invite-only, fee-based - weaker as a membership criterion

    from real cases
  • CFA Institute

    finance / audit / valuation

    from real cases
  • ACCA

    finance / accounting

    from real cases
  • from real cases
  • from real cases
  • Association of Certified Finance Professionals

    finance

    from real cases
  • NKSO (National Board of Appraisers)

    valuation

    from real cases
  • SMRAO (Self-regulated Inter-Regional Appraisers Association)

    valuation

    from real cases
  • Federal Advisory Fellowship

    finance / advisory

    from real cases
  • Kazakhstan Union of Lawyers

    law

    from real cases
  • Kazakhstan Association of International Law

    law

    from real cases
  • HR Miami

    HR

    from real cases

Awards and competitions

Journals

  • Business / trade press bylines (Forbes, Inc., trade outlets)

Judging

  • Startup / pitch competition judging (accelerators, demo days)

  • Business-award jury panels

Associations marked «from real cases» were actually claimed in O-1 / EB-1 petitions in this field. This is not a guarantee of approval - membership must require outstanding achievement. You can check a publication or award in the publication & award verifier.

Journals, awards and conferences in this field

Documents and templates from the library

From community practice

  • The community reminds that the same piece of evidence cannot be counted under several criteria at once - the officer expects separate evidence for each.

  • What gives an award weight is not the fact of winning but the selectivity, the jury and the national or international reach - a recurring conclusion in community discussions.

  • Participation awards or pay-to-win prizes are usually seen by the community as useless for a petition: what matters is that the prize is given for merit.

Distilled from public community chats - observations, not legal advice.

From community discussions

  • «I was credited with an advanced degree and in the RFE I demonstrated national interest and that I am well positioned. These are slightly different things. Besides my expertise (critical roles, salary, membership in organizations, judging, commercial success of my clothing models), I also proved the demand for my startup (letters from potential clients and experts), letters expressing faith that I will realize my project, a business plan, and a recommendation letter stating that this is a viable business plan from a professional in the startup field, funds for relocation, living expenses, and executing the startup.»

    community member · from public community chats

  • «I am not an O-1 specialist, but from my experience - I have 2 O-1 visas and both are for startups. A startup itself is not a problem. Fintech, as a rule, does not fall under the industries that trigger Administrative Processing (AP). There is a list of professions that primarily trigger AP - AI, bioengineering, and all such scientific fields. You can Google the exact list. However, you can still get caught in AP if something in your biography is not liked or for other reasons. But not because of fintech and startups.»

    community member · from public community chats

  • «It's surprising how some people think that certain professions are unworthy while others are worthy. I worked for 16 years at Microsoft as an Account Executive, and I received my talent visa as a fashion producer. It's a lottery, plus of course, achievements matter. But nowadays, the lottery principle dominates. Danya, I know everything you do personally. Don't give up. You are truly talented! Don't let some clerk change your life plans.»

    community member · from public community chats

  • «Start communicating with attorneys. I recommend creating an Executive summary about yourself in a simple one-page document: background, immigration goals, circumstances, family, etc.; and send letters with the attached document right away. You will reassess yourself, and it will be easier for the attorneys to evaluate.»

    community member · from public community chats

Personal opinions of community members from public discussions, not legal advice.

Which criteria this field actually closes

  • Leading or critically important role: for a business profile, it is realistic to prove through a role as founder, executive, head of growth, product/business development lead, or a key employee at a company, if there is evidence of impact on revenue, scaling, product launches, or operational results.
  • Original contribution of major importance: achievable if the contribution is not just a business idea, but a measurable result - profit growth, product launch, a new business model, customer acquisition, job creation, technology adoption, or process improvement in the industry.
  • Media coverage of the applicant and their work: possible, but works better when the coverage is independent, substantive, and tied to professional achievements, rather than looking like hastily commissioned promotional articles.
  • Judging or evaluating the work of others: achievable for entrepreneurs and executives through serving on juries for competitions, accelerators, expert councils, startup evaluations, or mentorship with a formal project selection or review function.

For business cases, it is not enough to show that the business exists or is profitable; it is important to prove the level of the petitioner's influence and the significance of the result for the company, market, or industry.

Where this field most often falls short

Share of criteria not met in the Business / entrepreneurship field
CriterionNot met
Awards96%
Original contribution91%
Membership89%
High remuneration71%
Published material about you59%

What works in this field and where cases stumble

  • leading-role - leadership or key roles in notable companies and projects
  • judging - participation in judging contests, startups, grants, awards, or professional selections
  • media - coverage about the petitioner in business or industry media
  • authorship - authored materials, columns, research, or expert publications

Most often not counted

  • awards - awards are often local, corporate, or poorly documented
  • original-contribution - the contribution is poorly proven by external impact on the market or industry
  • media - materials often look like PR, interviews, or paid placements
  • membership - memberships usually do not require outstanding achievements

From 143 decided cases in this field.

What the chats ask about the Business / entrepreneurship field

  • 2×Please let me know if anyone knows how long it currently takes to get a response from USCIS. I submitted a case for EB-1A without premium processing on October 9, 2024. There is still no response. Field - Business in IT. How long should I typically wait for a response in my case?
  • 2×HR associations
  • 2×Does the decision after an RFE usually come faster for the O-1 visa on premium processing compared to the initial review? It all depends on the submission date; for example, my case was reviewed in 15 business days, and on the 15th day, I received an RFE. Will it be faster this time or not?
  • 2×Does the decision after an RFE usually come faster for the O-1 visa on premium processing compared to the initial review? It all depends on the submission date; for example, my case was reviewed in 15 business days, and on the 15th day, I received an RFE. Will it be faster this time or not? I am interested in people's experiences.
  • 2×Which lawyers for EB-1 are suitable for IT?

Community answers

Should the list of achievements be discussed in advance before preparing an EB-1A/O-1/NIW petition?
Yes, it is useful to first assess the achievements in terms of the specific criteria and the overall case strategy. Not all awards, publications, memberships, or business results automatically fit the immigration criteria.
Do I need to open or buy a business for EB-2 NIW?
Opening or buying a business is not a universal requirement for EB-2 NIW. What matters is showing the proposed endeavor, its national importance, your qualifications, and your ability to carry out the plan. Sometimes that is a business plan, sometimes a professional project without your own business.
Are O-1 and EB-1A suitable for startup founders?
Yes, these categories can work for entrepreneurs and startup founders if there is strong evidence of achievements: recognition, publications, awards, significant contributions, high compensation, a role in well-known projects, or other criteria. Simply owning a business is usually not enough.
What should I do if premium processing for EB-1A takes longer than expected?
The premium processing period is counted in business days, not calendar days, and the status usually updates in the system while the notice arrives separately. If the deadline has truly passed, applicants usually verify the correct receipt date and, if needed, submit an inquiry through the available channels.

Where people go wrong - from the chats

  • mistakeIt is necessary to demonstrate how your business aligns with national needs and has national significance.
  • mistakeFor O-1, it's important that the company has other shareholders or a board of directors; otherwise, the petition may be denied.
  • mistakeSome awards, such as CFA, are not significant for talent visas in finance.
  • mistakeWhen applying for a visa, there may be questions about the relevance of the job offer and the need to provide a resume.
  • mistakeExcessive printouts and unsuitable evidence of financial or entrepreneurial activity do not guarantee success and may not help at a visa interview.
  • mistakeA risky mistake is building an O-1 through a company where the applicant is effectively the founder or controls the petitioning entity; for this visa, the independence of the employer or petitioner matters.

Real timelines named in the chats

StageTypicallyNote
O-1: petition review with premium processing2-3 business weeks, sometimes 4-5 weeks with an RFEParticipants discuss that with premium processing for O-1, a decision usually comes within a few business weeks, but a request for additional evidence can extend the timeline.
EB-1 / I-140: premium processing decisionfrom 3 business days to 3-4 weeksIn some messages, premium I-140s were approved in 3 business days or about 3 weeks; it was also noted that premium responses now may come closer to 3-4 weeks.
EB-1 / I-140: RFE under premium processingabout 4 business days after deliveryThere was an observation that an RFE arrived 4 business days after the case was delivered to USCIS under premium processing.

Myths and reality

Misconception: The drop in EB-2 NIW approvals in 2025 is often seen as a sign that the category has effectively closed, or that simply having a master's degree or PhD, a business plan, and a described endeavor is enough for approval.

In reality: EB-2 NIW remains available, but approval is not guaranteed by formally meeting the baseline EB-2 requirements. USCIS evaluates the substance and quality of the evidence: the national importance of the proposed endeavor, the applicant's readiness to carry it out, and why waiving labor certification benefits the United States. Having a U.S. PhD, a degree, experience, or a strong occupation can help, but it does not by itself provide priority or replace evidence of impact beyond an employer or personal project.

Myth: If you open your own LLC and pay yourself a salary, that is by itself enough to get the petition approved.

In reality: Filing through your own company is sometimes possible, but the legal structure, the reality of the business, control, the petitioner's role, and evidence that the category requirements are met all matter. The mere fact of having an LLC and paying yourself a salary does not guarantee approval.

Myth: For EB-2 NIW, you must prepare a business plan and open your own company in advance.

In reality: A business plan and a company can be useful for an entrepreneurial project, but they are not a universal mandatory requirement. What matters more is proving the substance of the proposed endeavor, its national importance, the applicant's ability to advance it, and why labor certification should be waived.

Myth: Passive income in the United States is itself prohibited for a person on a visa that does not allow work.

In reality: Visa status restrictions usually apply to unauthorized employment and active work. Passive income as a category is not automatically unlawful, but it is important to distinguish it from actual employment or running a business.

Rules and tips from the chats

  • tipIt is better to get an EB-1/O-1 assessment from several specialists, because free consultations can be superficial, and some consultants have an incentive to overstate the chances of success.
  • tipBefore starting a case, it is helpful to review a structured guide or knowledge base to understand the process stages, criteria, documents, and typical requirements before consulting a lawyer.
  • common questionAt an initial consultation with a lawyer, people often try to understand who will actually handle the case, whether the consultant is a lawyer, what services are included in the fee, whether factual errors will be checked before filing, and how prepared the provider is to work with the current evidence set.
  • ruleIncome, completion certificates, tax documents, business bank statements, and certificates can be used as evidence of professional activity if they directly connect the payment to the work performed.
  • tipTo confirm experience or role, employers or HR often provide letters stating the job title, period of employment, and reporting relationship.

Cases from the community

O-1 · entrepreneurship/self-owned company · outcome not stated

A founder's case was discussed, where it is important to show that the company can hire and fire the applicant, even if he is the business owner.

What they did: A structure with less than 50% ownership or with an independent advisory board/board of directors to control the applicant's employment was considered.

EB-2 NIW · business · outcome not stated

The applicant is considering a strategy to strengthen the case by having a job offer or an already launched business in the United States.

What they did: He is gathering information on how an offer or an existing business can support the argument for national importance and the practical viability of the project.

O-1 · entrepreneurship/startups · outcome not stated

The applicant used a company with a co-founder who formally had the ability to control the applicant's employment, including the right to terminate employment, which is important for showing a real employer-employee relationship.

What they did: Structured the company so that a co-founder or another representative could act on behalf of the employer when filing for O-1.

EB-2 NIW · HR and business consulting · outcome not stated

The applicant was preparing a petition related to professional activity in HR or a related business field; the attorneys considered the evidentiary foundation insufficiently strong.

What they did: Tax documents, a contract with a company, industry statistics, labor market data, and a recommendation letter from a colleague were collected; a letter from a representative of the HR industry was also requested.

Questions and answers on the site

Distilled from the public community chats, anonymised; corpus as of June 2026. These are participants' observations, not legal advice and not USCIS statistics.

Journals, awards and conferences in your fieldCheck your readiness against the criteria

Related

Approval stories

Other fields

What the decisions in this field actually counted

Across 143 AAO decisions in this field, the share where each criterion was counted as met. These are APPEAL decisions - petitions that were refused and appealed - so this is not an approval rate and cannot be turned into one.

Reference guidance by field, not legal advice. The criteria that fit you specifically depend on your profile and evidence.