O-1A for founders: a safer first step in 2026?

What O-1A is

O-1A is a temporary (nonimmigrant) visa for extraordinary ability in business, science, education or athletics. It is not a green card. It allows work in the US and can be a step before a green card category.

Why it looks attractive now

• Approval rate. Initial O petitions (O-1 and O-2 together) were approved at 91.0% in Q3 FY26, against 32.2% for EB-1A in the same quarter. Every O-1 we have filed has been approved.
• Speed. O-1 supports premium processing: $2,965, 15 business days, in effect since 1 March 2026.
• Entry from abroad. For someone outside the US, O-1 is often the faster way to start working in the US.

What to know before choosing

It needs a US petitioner. A US employer or a US agent files. Founders often use their own company or an agent structure. Setting this up wrongly is a common place for cases to break.

It is temporary. Approvals come in terms and need extensions.

DHS has proposed ending deference on extensions. The notice of proposed rulemaking "Removing Deference to Prior USCIS Determinations of Eligibility" (91 FR 65119, docket USCIS-2026-0529) was published in the Federal Register on 14 October 2026. Comments are due 13 November 2026. It would remove 8 CFR 214.1(c)(5), which tells officers to give deference to a prior approval on a same-facts extension. It applies to Form I-129 and lists O-1 among the covered classifications. It does not mention I-140. It is a proposal, not a rule. Practical meaning: a prior approval may count for less at renewal, so each extension is best built as if it were the first filing.

Founders and NIW. An NIW route exists for entrepreneurs. The USCIS Policy Manual guidance on national interest waivers, updated on 15 January 2025, addresses entrepreneurial endeavors. It says expert letters can be persuasive when they are specific and backed by independent evidence, and that business plans should be supported by other independent evidence. A venture of national importance can fit it.

The usual path

1. O-1A to work and build in the US.
2. Build the evidence a green card needs anyway: press, judging, funding, traction.
3. File EB-1A or NIW when the record is ready.
4. Move to a green card.

Which one fits whom

• Outside the US, needing to start soon: O-1A is typically the first step.
• Already in the US on another status, with strong documented recognition: EB-1A is sometimes possible directly.
• A strong venture and national benefit, with less personal recognition: NIW is worth a look.

We prepare all three. A free assessment shows which one fits a profile: app.porttus.ai/assessment

Sources

USCIS Form I-129 data, category O, and Form I-140 quarterly data (rates computed by us); Federal Register, DHS notice of proposed rulemaking, 91 FR 65119 (14 Oct 2026), docket USCIS-2026-0529; USCIS, "How Do I Request Premium Processing?" and Form G-1055 (10/16/26); USCIS Policy Manual, Volume 6, Part F, Chapter 5, and Policy Alert of 15 Jan 2025 on second-preference national interest waiver petitions.

Not legal advice. Consult a licensed attorney for your specific case.