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Once known as the “genius visa” for actors, musicians, and athletes, the O-1 visa has undergone a quiet transformation. Today, it’s no longer the exclusive domain of red-carpet regulars or world-class performers. The U.S. is now rolling out the welcome mat for an entirely different kind of star: tech founders, data scientists, blockchain engineers, AI researchers, and product leaders.
This shift isn’t accidental but strategic.
Amid tightening immigration pathways and a global race for innovation, the O-1 visa has become a powerful tool in the U.S. government's efforts to attract and retain top-tier global tech talent. While traditional work visas, such as the H-1B, have become increasingly difficult to secure and politically charged, the O-1 has quietly emerged as a more flexible and merit-based option.
But how accessible is it? And what makes someone “extraordinary” in tech? For many, the rules can feel daunting, stirring up fears of missing a once-in-a-lifetime opportunity or doubts like “Am I really good enough?” Yet behind those questions lies a deeper motivation — the desire to take control of your career and future in the world’s biggest tech market.
In this article, we’ll break down:
To gain more information about USA visas, read our previous articles:
Navigating the New US Immigration Landscape: What Global Mobility Experts Need to Know
Understanding the International Entrepreneur Rule (IER) and How it Compares to the O1 Visa
Unlocking opportunities: How the USA O-1 visa supports emerging innovators in AI and blockchain
The phrase “extraordinary ability” might sound like it’s reserved for Nobel laureates or billion-dollar exits — but in practice, U.S. immigration policy recognises that tech excellence often looks different. You don’t need to be famous; you need to be distinguished and proven within your field.
To qualify for the O-1A visa, you must either demonstrate a one-time major achievement (like a significant award) or meet at least three of eight specific criteria. Here's how those requirements typically apply in the tech world:
Awards and Recognition: You’ve received nationally or internationally recognised honours. This could include acceptance into elite accelerators like Y Combinator, being listed on Forbes 30 Under 30, winning a government innovation grant, or receiving a tech-specific award for impact.
Selective Memberships: You’re a member of associations or networks that require outstanding achievements, such as a highly competitive founder network, a tech fellowship programme, or an academic society with rigorous entry standards.
Media Coverage: You’ve been featured or profiled in reputable outlets. This might include articles in TechCrunch, Wired, or other recognised publications that discuss your work, products, or innovations.
Judging Others’ Work: You’ve served as a judge or reviewer in your field — for example, evaluating applications for an accelerator, judging a hackathon, or reviewing technical papers and speaking at conferences.
Original Contributions: You’ve made significant and original contributions to your industry. This might involve developing core product features, contributing to widely adopted open-source tools, holding patents, or building scalable innovations.
Published Work: You’ve authored technical content that’s respected in the industry. This could include peer-reviewed papers, high-impact Medium articles, or whitepapers that demonstrate thought leadership and technical insight.
Key Roles at Top Organisations: You’ve worked in a critical role for a well-known or well-funded company. This could be as a CTO, team lead, or core engineer in a startup that has raised funding or in a recognised tech firm like Google, Stripe, or Amazon.
High Salary or Compensation: You’ve earned a salary or equity package that reflects your value and skill level — especially in a competitive tech market such as San Francisco, New York, or London.
Even if you’re not a founder or a household name, you might still qualify. Increasingly, successful O-1 applicants include machine learning engineers, cybersecurity experts, product designers, and developers whose work may be behind the scenes but still highly influential.
Why More Founders Are Choosing O-1 Over H-1B
For years, the H-1B visa has been the default route for skilled workers entering the U.S. tech scene. But as U.S. immigration policy tightens and demand far exceeds the limited visa cap, many startup founders and tech leaders are turning to the O-1 visa as a smarter, faster alternative — especially if they want to build and lead companies.
Here’s why the O-1 is becoming the preferred path for global talent in tech:
Unlike the H-1B, which is subject to an annual lottery with a hard cap (currently 85,000 total spots), the O-1 has no numerical limit. This makes it far more predictable — especially for founders who can’t afford to wait and gamble on a draw.
The O-1 allows for premium processing, meaning you can receive a decision in as little as 15 calendar days. H-1B applicants often wait months, and even then, face uncertainty around approvals and start dates.
H-1B visa holders are tied to a single sponsoring employer. Founders can run into legal and logistical issues when trying to sponsor themselves. In contrast, the O-1 allows you to:
The H-1B requires a certified Labour Condition Application (LCA) to prove that the employer is paying a “prevailing wage.” The O-1 skips this step, streamlining the process and avoiding wage-level restrictions that don’t always reflect startup realities.
The O-1 process rewards storytelling. If you’ve made meaningful contributions, built innovative products, or generated real impact, your visa petition can be crafted around those narratives — rather than fitting into rigid salary bands and role titles.
While the O-1 visa is designed for individuals with “extraordinary ability,” in the tech world, this doesn't necessarily mean you need to be a world-famous founder or have a PhD from MIT. What U.S. immigration officials are looking for is clear evidence that you are recognised as a top performer in your field — whether that’s through building innovative products, leading high-impact teams, receiving public recognition, or contributing to industry-shaping technologies.
If you’ve helped launch a successful platform, contributed to open-source projects used by thousands, been accepted into top accelerators, or even been quoted in major tech publications, you may already be more qualified than you think.
This section breaks down exactly how tech professionals — from startup founders and engineers to researchers and product leads — can meet the O-1 criteria and prepare a successful application:
The USCIS evaluates the quality of your achievements, not just the quantity. Focus on evidence that shows you’re at the top of your field, such as:
Letters from credible industry figures are crucial. Aim for:
These letters aren’t just formalities; they act as expert testimony backing your claim of extraordinary ability.
You don’t need a personal PR agency, but you should show that others are talking about your work. That includes:
Tip: Even social proof like being a top writer on Medium in a technical category can support your case.
USCIS wants to see that you’re not just involved — you’re essential. Focus on:
You’ll need a U.S. sponsor — but that doesn’t mean a traditional employer. You can:
Legal support is key here to avoid structural errors in the petition.
How Tech Nomads Can Help
The real challenge isn’t achieving success but showing USCIS why your achievements matter. Many talented professionals ask themselves: Which parts of my journey truly count? How do I present my story so it reflects my impact?
We’ll guide you through this process and make sure your accomplishments are highlighted in the strongest possible way.
Tech Nomads is a global mobility platform that provides services for international relocation. Established in 2018, Tech Nomads has a track record of successfully relocating talents and teams. Our expertise in adapting to regulatory changes ensures our clients’ satisfaction and success.
Tech Nomads Club is a curated global community for highly skilled professionals.
We host free, application-based events including expert panel talks, start-up pitch days, members-only networking, informal meetups, and fireside conversations with industry leaders.
Membership is free but selective — open to those building across borders and seeking meaningful growth through connection, knowledge, and community.
We also produce a regular podcast, sharing real stories, insights, and voices from inside the Club.
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