The first time I tried ChatGPT in action, I was impressed. While I would never use it to write a legal brief we have found lots of uses in our practice that save time and increase efficiencies. Of course, we all use AI technologies on a daily basis from opening our phones with our faces to getting directions and traffic updates to asking digital voice assistants what song is playing. The potential impact of AI technologies is huge, and not just for procrastinating students trying to get that essay written for school.
As with all technological advancements, innovators and entrepreneurs are leading the way, whether as highly skilled researchers involved in the creation or refinement of the AI technology, or as entrepreneurs adapting the technology in a new way to an old industry. In this post, we discuss one of the best visa options—the O-1 visa—for those AI innovators and entrepreneurs who want to live and work in the US.
After a brief introduction to the O-1 visa category, we’ll step into the world of two extraordinary (and fictional) individuals to see how the O-1 visa might work for pioneers in the AI and tech field.
The O-1 Visa is Not Just for Actual Rock Stars
The O-1 visa might conjure images of a Grammy-award-winning singer performing in a sold-out stadium or a well-known athlete playing in the NBA and winning a championship. While artists and athletes are covered under this visa category, the defining characteristic of the O-1 is actually “extraordinary ability,” a distinction that can be made in nearly any field or industry, including in the tech and startup sphere.
The purpose of the O-1 is to bring extraordinary individuals to work in the US on a temporary basis, enhancing both the US economy and culture through their contributions in various fields. The O-1A is for individuals with an extraordinary ability in the sciences, education, business, or athletics, and the O-1B is for individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry. Unlike visas for highly skilled workers (H-1Bs), the O-1 is not dependent upon specific training or educational requirements nor is it concerned with bringing in workers with a particular skillset which may be lacking in the American workforce.
Instead, the O-1 is more subjective—focused on individuals who have shown themselves to be remarkable at whatever it is they do. It can apply to nearly any career but requires the ability to demonstrate that applicants are significantly better, in some way, than most others in their profession. This is a visa type meant for innovators, experts, or celebrated visionaries; it is meant to recognize talent and offer US businesses the opportunity to recruit that talent from abroad. In other words, this visa type is meant for exactly the type of people who are innovating and leading in the AI tech space. Indeed, the immigration service recently added guidance for those O-1A in the STEM (Science, Technology, Engineering and Mathematics) fields to enable officers to better understand the types of accomplishments in these fields. Let’s see what this looks like in practice.
From Lab to Global Stage: Dr. Sarah Lin’s Journey
Dr. Sarah Lin, a soft-spoken researcher from Taipei, spends late nights in a modest university lab poring over lines of code that will one day revolutionize how humans communicate. She dreams big but faces barriers—language, geography, and the endless question of “What’s next?”
Her breakthrough comes in the form of an algorithm, one that turns real-time translations from clunky to seamless. The tech world takes notice. Wired publishes a feature on her work, dubbing her the “quiet force behind natural language processing’s (NLP) next frontier.” Her innovations win her an award from the Association for Computational Linguistics, and she’s invited to speak at conferences from Berlin to San Francisco.
When a leading AI firm in Silicon Valley offers her a prestigious role, the question arises: Can she take her career to the US? Enter the O-1 visa. Her legal team crafts a petition that brings her story to life:
The Innovator: They highlight the tangible impact of her algorithm, adopted by Fortune 500 companies. She has made contributions of major significance in the field and has played a critical role in the success of important organizations.
The Recognition: Media features in national and international press about her work as well as national and international awards solidify her status as a leader in her field.
The Community Builder: As a member of the prestigious organization International Association of AI Researchers (IAAR), which requires outstanding achievement to join, Sarah is more than an AI researcher—she’s shaping the future.
Sarah’s O-1 visa not only allows her to join the US company but also positions her to direct AI research that could redefine global communication.
Building Dreams and Platforms: Diego Ramos’s Startup Success
Now, imagine Diego Ramos, the son of a truck driver in Madrid. Growing up, he witnessed the inefficiencies in the logistics industry firsthand. Years later, as an entrepreneur, he decides to tackle the issue head-on with an AI-powered platform that optimizes supply chains. His startup begins in a shared workspace, but it quickly attracts the attention of investors. By the time TechCrunch writes about him, his company has secured $50M in Series B funding and partnerships with industry giants.
But when Diego decides to expand operations to the US, he’s met with a challenge: securing the right visa. His O-1 application not only shows how he meets the requirements but provides a compelling narrative of his success.
The Visionary Leader: As CEO, Diego’s leadership transforms ideas into reality. His company’s partnerships with major corporations highlight the contributions of major significance he has made in his field and that he has played a critical role in the success of important organizations.
The Recognition: Media profiles in national and international press, a high salary, and judging roles in startup competitions in his field of expertise demonstrate his extraordinary ability.
The Impact: His platform isn’t just a tool; it’s a catalyst for change, making global supply chains more efficient. This is all made clear in the articles he publishes about his original contributions in leading professional journals and other major media.
The O-1 visa allows Diego to bring his entrepreneurial spirit to the US, where his startup flourishes, creating jobs and transforming an industry.
Why the O-1 Visa Matters in AI and Entrepreneurship
Both Sarah and Diego exemplify what makes the O-1 visa so unique. It’s not only about meeting the strict O-1 requirements—it’s also about showcasing a story of exceptional talent and critical contributions. For AI innovators, this often means proving that their work extends beyond the lab and into real-world applications. For entrepreneurs, it’s about demonstrating leadership, impact, and a vision that resonates on a national and often global scale.
The O-1 visa is a beacon for those who dare to innovate and push boundaries, offering a pathway to bring extraordinary talent to the United States. Whether it’s a researcher like Dr. Sarah Lin, whose groundbreaking algorithms reshape communication, or an entrepreneur like Diego Ramos, whose vision redefines an entire industry, the O-1 recognizes not just what these individuals have achieved but what they are poised to create. As AI and tech continue to evolve, this visa ensures that the brightest minds and most transformative ideas find a home where they can thrive, fostering innovation and driving global progress.