Last updated: October 31, 2026
Key Takeaways
- Headline O-1 success rates of 90% to 98% only mean something when you know the case type, period, and RFE treatment.
- USCIS approved 91.0% of O petitions from April to June 2026, a figure that blends all O cases.
- Press must be about the founder, not just the company.
- Jumpstart Immigration files U.S. visa and green-card petitions for founders, executives, and operators worldwide, with a 98% approval rate and a methodology trained directly on USCIS adjudicator decisions.
A good immigration lawyer success rate for O-1 tech founders is one you can check. It should be specific to O-1A founder petitions, give a case count and time period, and explain how Requests for Evidence (RFEs) and denials are counted. For context, USCIS approved 91.0% of O petitions from April to June 2026.
See how your evidence maps to the O-1A criteria
What The National O-1 Approval Number Actually Includes And Why It Is Not Your Odds
Published national figures blend O-1A, O-1B, and O-2 petitions, count extensions alongside initial petitions, and reflect only decided cases. In the third quarter of fiscal year 2026 (April to June 2026), USCIS approved 91.0% of O petitions. That figure describes the entire filing population, not a founder with a specific evidence profile.
Withdrawn and abandoned cases are not counted as approvals or denials, so the denial rate is not simply 100 minus the approval rate. A firm-specific rate becomes meaningful only when the firm explains how it was measured, which is exactly what the five questions below are designed to surface.
How To Read An Immigration Lawyer Success Rate For O-1 Tech Founders: Five Questions
Ask every firm these five questions before you trust its immigration lawyer success rate for O-1 tech founders:
- Is the rate specific to first-time O-1 tech founder petitions, or does it include extensions and other visa categories?
- How many comparable founder cases is it based on, and over what time period?
- How are RFEs and denials counted, and what happens to a case after an RFE?
- Who actually prepares and reviews the petition?
- Is the methodology published in a form a founder can check?
Jumpstart Immigration files U.S. visa and green-card petitions for founders, executives, and operators worldwide, with a 98% approval rate and a methodology trained directly on USCIS adjudicator decisions. All legal services are performed by independent licensed attorneys. Ask Jumpstart the same five questions on your consultation.
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Founder-Stage Reality Check: How Evidence Shifts From Pre-Seed To Series A
The O-1A requires a major internationally recognized award or evidence meeting at least three of eight criteria, followed by a review of the totality of the evidence. Which criteria a founder can prove depends heavily on company stage.
Pre-Seed
Pre-seed founders typically work with accelerator affiliation such as a YC or Residency batch, early press, a patent, or open-source traction. A selective accelerator can support the membership criterion only if admission requires outstanding achievements judged by recognized experts in the field.
Seed
Seed-stage founders often add venture backing, product coverage in named outlets, and speaking or judging invitations. Venture funding is not an award. USCIS’s Policy Manual treats significant funding from venture capital funds, angel investors, or government entities as a positive factor for a startup’s distinguished reputation under the critical role criterion, and funding can support the credibility of a high salary contract.
Series A
Series A founders usually have the most documentable distinction: sustained press, named institutional investors, awards, and industry recognition. Named institutional investors also strengthen the distinguished reputation of the startup under the critical role criterion.
Press About You, Not Only the Company
Published material must be about the founder and their work; a brief citation or passing reference does not count. Coverage of the company counts only when it discusses the founder’s work in substance. For more on choosing a lawyer based on your evidence profile, see How To Choose an O-1 Visa Lawyer for Startup Founders.
Can An O-1 Be Rejected And What Happens If It Is?
Yes. About 9% of decided O petitions were denied from April to June 2026. Denials most commonly result from failing the three-criteria threshold or the review of the totality of the evidence, where the record must show the founder is among the small percentage at the very top of the field.
USCIS’s August 5, 2026 Policy Alert on Evidence, Requests for Evidence, and Notices of Intent to Deny allows USCIS to deny a petition without first issuing an RFE when required initial evidence is missing, and sets a maximum RFE response period of 12 weeks. If the deadline is missed, USCIS decides on the record as it stands.
After an O-1 denial, the petitioner has two paths. One is to appeal or file a motion to reopen or reconsider on Form I-290B within 30 calendar days of the decision, or 33 days if the decision was mailed. The other is to file a new petition. Many practitioners prefer a new petition when the founder has new achievements or can fix the weaknesses in the denial notice.
A well-prepared petition maps evidence to criteria before it is filed. For RFE strategy, see Best Immigration Lawyer for a Startup Founder RFE.
O-1A Vs. EB-1A: Which Is Tougher For A Tech Founder?
The O-1A and the EB-1A use almost the same definition of extraordinary ability: one of the small percentage at the very top of the field. The EB-1A adds a final merits determination, ten criteria instead of eight, and a requirement to show future benefit to the United States, and a prior O-1 approval is relevant but not determinative.
In the third quarter of fiscal year 2026 (April to June 2026), USCIS approved 91.0% of O petitions and 32.2% of EB-1A petitions. The EB-1A grants permanent residence and can be self-petitioned with no employer behind it, while the O-1A is temporary and tied to a petitioner.
Many founders who are borderline for the EB-1A today are strong O-1A cases, and the years on that visa are where a final merits record gets built. Most founders start with the O-1A and consider the EB-1A or EB-2 NIW later. That only works if the first petition is filed well.
Firm Claim Audit: How Common O-1 Success-Rate Claims Perform On The Five Questions
Run every firm, including Jumpstart, through the same five questions. Public claims about the immigration lawyer success rate for O-1 tech founders usually fall into three patterns.
Firmwide Rates Across Many Visa Types
Some firms publish a single firmwide approval rate across O-1A, H-1B, L-1, EB-1A, and EB-2 NIW cases, so the figure is not O-1A-specific. When a firm does not disclose the case count, time period, or treatment of withdrawals, questions one through three cannot be answered from public information.
Founder-Focused Practices With No Published Rate
Other founder-focused practices publish no O-1 approval rate, case-count methodology, or comparable dataset. With them, a founder needs to ask questions one through three directly on the call.
Established Firms With Qualitative Claims
Some established firms have strong industry rankings, but rest on qualitative claims about their reputation instead of a published denominator or time period. Ask for anonymized case counts, inclusion rules, and RFE treatment.
Accelerators Are Not Law Firms
Y Combinator and similar programs often come up in founder searches. They are useful for building O-1 evidence and peer knowledge, but they do not provide legal representation or publish a success rate.
Get a second read on your success-rate questions
How To Decide In One Call
A single consultation can reveal whether a firm’s success-rate claim holds up. Bring a concrete evidence list and these steps:
- Ask the five questions and write down the answers.
- Ask the lawyer to map your evidence to specific O-1A criteria.
- Listen for numbers, time periods, and examples, not general assurances.
- Clarify who will draft, review, and sign your petition.
- Confirm how RFEs are handled and whether that work is included.
A firm that cannot answer the five questions in plain language during that call is giving you a marketing number.
Conclusion: Read The Number, Then Pick The Firm
Advertised O-1 success rates are hard to compare because few disclose their denominator, time period, visa-type scope, or RFE treatment. Testing each immigration lawyer success rate for O-1 tech founders against the five questions turns a marketing number into something you can evaluate.
Jumpstart Immigration files U.S. visa and green-card petitions for founders, executives, and operators worldwide, with a 98% approval rate and a methodology trained directly on USCIS adjudicator decisions.
Have your O-1 profile reviewed by a founder-focused team
Frequently Asked Questions
What Is The Approval Rate For The O-1A Visa?
USCIS approved 91.0% of O petitions from April to June 2026. That figure blends O-1A, O-1B, and O-2 and counts only decided petitions, so it is a benchmark, not a prediction for one founder.
Can An O-1 Visa Be Rejected?
Yes. Denials usually come from failing the three-criteria threshold or the review of the totality of the evidence. USCIS can deny without an RFE when required initial evidence is missing, and after a denial you can appeal, file a motion, or submit a new petition.
What Is A Good Immigration Lawyer Success Rate For O-1 Tech Founders?
A good rate is specific to O-1 founder cases, states its methodology and time period, and explains how RFEs and denials are counted. A firmwide rate spanning multiple visa types is not directly comparable to an O-1-specific rate.
Which Is Tougher, O-1A Or EB-1A?
The EB-1A is tougher in practice. USCIS approved 91.0% of O petitions and 32.2% of EB-1A petitions from April to June 2026. The definitions are almost the same, but the EB-1A is a green card that needs a durable, independently corroborated record.
How Do I Vet A Lawyer’s O-1 Success Rate?
Use the five questions: case specificity, case count and period, RFE and denial treatment, who prepares the petition, and whether the methodology is published. A firm that answers all five plainly is giving you a claim you can evaluate.
Can Founders Get An O-1 Visa?
Yes, if they meet the O-1A criteria. An O worker cannot self-petition, but a company the founder owns can file, and USCIS may ask for ownership and control documents. For more, see O-1 Visa for Tech Founders.
How Much Do Lawyers Charge For An O-1 Visa?
Legal fees vary by firm and are not set by USCIS. Government filing fees are separate from legal fees. Ask what the fee includes, such as an RFE response, before you sign.
What Are Red Flags When Choosing An O-1 Lawyer?
Red flags include a promise of approval, a success rate with no case count or time period, and vague answers about who prepares the petition. Another is refusing to map your evidence to specific criteria on the first call.
Why Are Firm-Reported O-1 Success Rates Higher Than USCIS Rates?
Firms often screen cases before accepting them, and some count extensions or other visa types in the same figure. USCIS data covers every decided O petition, so the two numbers measure different populations.
When Can I Refile After An O-1 Denial?
You can file a new O-1 petition at any time after a denial. An appeal or motion on Form I-290B has to be filed within 30 days of the decision, or 33 days if it was mailed.
*Jumpstart is not a law firm and does not provide legal advice. All legal services are performed by independent licensed attorneys.
