AI founders taking O-1 visa route to get to US and build
The US non-immigration visa category O-1, reserved for individuals with extraordinary ability or achievement, is emerging a favourite for founders of AI enterprises moving to North America for business amid the AI wave. This is despite the increasing scrutiny around immigration.
The number of O-1 visas issued to Indians have been growing. According to data from the US Citizenship and Immigration Services, the number of O-1 visas have jumped to 1,566 in FY24 from 487 issued in FY20. The numbers were 1,418 in FY23 and 899 in FY22.
While the FY25 numbers are yet to be published, data shared by the US immigration platform Boundless Immigration showed about 113 Indians applied for O-1 visa in May 2025 from 91 in May the year earlier.
“For founders, speed matters. O-1 is one of the few options that can match a startup timeline and get you working legally without waiting on a cap season,” said Xiao Wang, founder & CEO, Boundless Immigration.
Joel Yanovich, Attorney, Murthy Law Firm, said, “We are seeing a wave of interest from Indian founders, particularly in the AI and deep-tech sectors.”
Multiple founders ET spoke to have either got their O-1 or are getting their applications processed. There are a couple of reasons why O-1 works for them, they said.
Why founders choose O-1
A few years ago, H-1B was the most coveted US visa. But under the Trump administration with a $100,000 fee for fresh H-1B applications and growing scrutiny, founders are looking for a more viable path to move to the US and scale their business.
For them, O-1 presents the best opportunity. Nikhil Tiwari, co-founder, Frekil, a Y-Combinator startup developing an AI powered platform to generate insights on drug performance using clinical data, said he was currently applying for O-1 to move to the US, where most of their customers are. At least two other founders ET spoke to are preparing to apply for O-1 for similar reasons.
Mansoor Rahimat Khan, co-founder, Beatoven.ai, who got his O-1 approved last year, said that unlike H-1B, which is capped at 85,000 visas per year, there are no such limitations for O-1. “The entire process costs $10,000-15,000 and has a timeline of 4-6 weeks for the approval,” he said. In addition, it is not tied to the employer and offers flexibility to travel and hire in the US.
It also helps that it offers a faster path to green card through EB-1A. Unlike EB-2 and EB-3, which are tied to H-1B and have a waiting period of more than 10 years, EB-1A has a 12-15 months waiting period, and with premium processing, it could be done in 15 days.
What does it take to get O-1?
To get O-1 applicants need to satisfy three of the eight criteria. This includes, having raised substantial venture capital funding to demonstrate their credibility, winning distinguished international awards, being a judge, media mentions and published research papers.
A founder, who is currently in the process of O-1, said that he has been preparing for this for the past four years and is now ready to apply. Wang of Boundless Immigration said that typically founders who are earlier in their career or finishing up their graduate studies, and looking to start a company, most benefit from an O-1 so they can work on their startup in America.
Trump regime
Founders told ET that while there is an anti-immigration sentiment, it has not affected the O-1 prospects for Indians. Sidhdharth Sivasubramanian, founder, Meetstream.ai, who got his O-1 recently and moved to the US, said that if you are legally there in the US, and you have done your paperwork correctly, there is nothing to be worried about.
“We have not seen a public move that directly targets O-1. The most concrete federal update recently was USCIS clarifying O-1 standards in 2025, which made the category more understandable for applicants,” said Wang.
However, as the demand increases experts peg higher scrutiny, including increased denial rates and extra requests for more evidence.
Yanovich said his firm is seeing a significant increase in the percentage of cases receiving Requests for Evidence (RFEs). While the data for FY25 is yet to be released, he said that there will likely see a spike in denial rates as the agency applies a far more rigorous, and sometimes inconsistent, standards of review.
The number of O-1 visas issued to Indians have been growing. According to data from the US Citizenship and Immigration Services, the number of O-1 visas have jumped to 1,566 in FY24 from 487 issued in FY20. The numbers were 1,418 in FY23 and 899 in FY22.
While the FY25 numbers are yet to be published, data shared by the US immigration platform Boundless Immigration showed about 113 Indians applied for O-1 visa in May 2025 from 91 in May the year earlier.
“For founders, speed matters. O-1 is one of the few options that can match a startup timeline and get you working legally without waiting on a cap season,” said Xiao Wang, founder & CEO, Boundless Immigration.
Joel Yanovich, Attorney, Murthy Law Firm, said, “We are seeing a wave of interest from Indian founders, particularly in the AI and deep-tech sectors.”
Multiple founders ET spoke to have either got their O-1 or are getting their applications processed. There are a couple of reasons why O-1 works for them, they said.
Why founders choose O-1
A few years ago, H-1B was the most coveted US visa. But under the Trump administration with a $100,000 fee for fresh H-1B applications and growing scrutiny, founders are looking for a more viable path to move to the US and scale their business.
For them, O-1 presents the best opportunity. Nikhil Tiwari, co-founder, Frekil, a Y-Combinator startup developing an AI powered platform to generate insights on drug performance using clinical data, said he was currently applying for O-1 to move to the US, where most of their customers are. At least two other founders ET spoke to are preparing to apply for O-1 for similar reasons.
Mansoor Rahimat Khan, co-founder, Beatoven.ai, who got his O-1 approved last year, said that unlike H-1B, which is capped at 85,000 visas per year, there are no such limitations for O-1. “The entire process costs $10,000-15,000 and has a timeline of 4-6 weeks for the approval,” he said. In addition, it is not tied to the employer and offers flexibility to travel and hire in the US.
It also helps that it offers a faster path to green card through EB-1A. Unlike EB-2 and EB-3, which are tied to H-1B and have a waiting period of more than 10 years, EB-1A has a 12-15 months waiting period, and with premium processing, it could be done in 15 days.
What does it take to get O-1?
To get O-1 applicants need to satisfy three of the eight criteria. This includes, having raised substantial venture capital funding to demonstrate their credibility, winning distinguished international awards, being a judge, media mentions and published research papers.
A founder, who is currently in the process of O-1, said that he has been preparing for this for the past four years and is now ready to apply. Wang of Boundless Immigration said that typically founders who are earlier in their career or finishing up their graduate studies, and looking to start a company, most benefit from an O-1 so they can work on their startup in America.
Trump regime
Founders told ET that while there is an anti-immigration sentiment, it has not affected the O-1 prospects for Indians. Sidhdharth Sivasubramanian, founder, Meetstream.ai, who got his O-1 recently and moved to the US, said that if you are legally there in the US, and you have done your paperwork correctly, there is nothing to be worried about.
“We have not seen a public move that directly targets O-1. The most concrete federal update recently was USCIS clarifying O-1 standards in 2025, which made the category more understandable for applicants,” said Wang.
However, as the demand increases experts peg higher scrutiny, including increased denial rates and extra requests for more evidence.
Yanovich said his firm is seeing a significant increase in the percentage of cases receiving Requests for Evidence (RFEs). While the data for FY25 is yet to be released, he said that there will likely see a spike in denial rates as the agency applies a far more rigorous, and sometimes inconsistent, standards of review.
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