Comment by proberts
4 days ago
The O-1 is a high standard but it's less about overall achievement or standing (like the EB1A green card category) and more about meeting specific criteria, which many talented professionals and founders do. I would recommend reviewing the O-1 criteria (they're listed on USCIS's website, www.uscis.gov) and then having an immigration attorney evaluate your background. People are often surprised that they meet the O-1 criteria or with a bit of work will qualify.
One of the qualifications is "Evidence that the beneficiary has either commanded a high salary or will command a high salary or other remuneration for services as evidenced by contracts or other reliable evidence" How does a startup founder go about proving this? They don't have quite the "high salary" and get paid in equity. What have you seen here? How do founders quialify for this part?
The clue is "other remuneration". USCIS will accept stock based compensation for founders under comparable evidence if you have raised money, i.e. your equity has a fair market value set by a professional investor in an arms-length transaction. Your total compensation will still need to objectively high compared to peers in your geographical area (supported by data).