O-1 Visa Myth: You Can’t Own the Petitioning Company

A common misconception about the O‑1 visa is the belief that the beneficiary cannot own or hold an equity interest in the petitioning company. That is not entirely accurate.

While it is true that O‑1 beneficiaries cannot self‑petition, U.S. immigration regulations do allow a separate legal entity—even one partially or wholly owned by the beneficiary—to file an O‑1 petition on the beneficiary’s behalf, provided that a legitimate employer‑employee relationship exists.

The key issue is control. USCIS looks closely at whether the petitioning entity has the ability to hire, supervise, pay, and, if necessary, terminate the beneficiary. With the right corporate structure and governance safeguards in place, it is possible to establish a compliant employer‑employee relationship even where ownership interests overlap.

For founders, entrepreneurs, and executives of extraordinary ability, this distinction can be critical—and is often the difference between a viable O‑1 strategy and an assumption that the visa is “not an option.”

Structure matters. Planning early and getting it right can avoid unnecessary denials and RFEs.

This is general information and does not constitute legal advice. Every case is different — reach out to Civitas Counsel for guidance tailored to yours.