IGTA Helps Founders and Startups Maintain Control of Business with O-1A Visas
The O-1A visa is an excellent category for entrepreneurs, especially those who have had successful funding rounds, as many accolades from such achievements can support their visa applications. However, a common question arises regarding who can serve as the petitioner and whether the founder's company can serve this role. The answer is no; the founder cannot have full control over an entity that serves as their petitioner.
Structuring the Petitioner Service
At IGTA, we leverage our experience in immigration law to structure our petitioner service in a way that prevents founders from relinquishing control of their companies. The process involves using the agent as the employer or establishing a U.S. agent for multiple employers’ arrangements. Here’s how it works:
1. Agent Functioning as Employer or U.S. Agent for Multiple Employers:
IGTA as Petitioner: IGTA serves as the petitioner for the visa.
Multiple Employers Arrangement: IGTA acts as an agent for multiple employers or projects that the founder is involved with.
Directing Activities: IGTA can also serve as a U.S. agent, directing the activities of the beneficiary founder.
2. De Minimis In-Kind Services:
In-Kind Services: The founder's business provides minimal in-kind services on behalf of IGTA, ensuring the relationship remains advantageous without intruding on the founder’s control.
Activity Listing: Activities that the founder intends to perform, including those for their own business, are listed as part of the visa application.
This dual-structured approach ensures that the petitioner service remains largely independent, intervening only when beneficial to the founder. It allows founders to operate their businesses without the need to establish a board or surrender more than 51% control of their company to meet the petitioner's requirements.
Maintaining Control
By using IGTA’s petitioner service, founders can keep control over their companies while complying with U.S. immigration laws. This service is particularly beneficial for startup founders who want to avoid the complexities and potential loss of control associated with traditional petitioner arrangements. IGTA’s approach allows for seamless integration of the petitioner service into the founder’s business operations, ensuring minimal disruption and maximum control.
Innovative Global Talent Agency offers a unique petitioner service that enables startup founders to maintain control of their businesses while meeting the requirements for O-1A visa applications. By structuring the petitioner service to act as an agent for multiple employers or as a U.S. agent directing activities, IGTA ensures that the founder's control over the company remains intact. This innovative approach provides a viable alternative for founders and immigration attorneys seeking to navigate the complexities of U.S. immigration law without compromising business autonomy.
For more detailed information and assistance, founders and immigration attorneys are encouraged to reach out to IGTA and explore how this petitioner service can support their specific needs.