Founders exploring US immigration will inevitably ask themselves: Which visa do I qualify for? But in this guide, we’ll help to outline why this may not be the best starting point. Instead, a better question might be: Which visa fits where my company is going?

 

This tension between the visa system’s exigencies and the realities of building a company is well documented. In 2023, Y Combinator reported that visa challenges were actively hampering international founder participation in their programs and the past year has been particularly tumultuous in terms of US immigration policy.

 

Immigration decisions cannot be isolated from business decisions: the visa you choose will affect when you can fundraise, how you structure equity, whether your co-founder can work legally, and how much runway you will have before you need to file again. With timely and well-reasoned choices, your immigration status can be leveraged into infrastructure that supports your company’s growth. However, getting things wrong can turn into years spent unwinding a choice that may have made sense in the moment but which did not account for your future steps.

 

This guide will map out the main pathways available for founders considering living and working in the US by focusing on where you are now as well as where you’re headed.

 

Understanding the Landscape

Before diving into specific visas, it helps to understand how your immigration options are structured.

 

Temporary vs. Permanent Status

Many founders start out with a temporary visa (O-1A, E-2, L-1A, H-1B) and later pursue permanent residence (a green card). These are not either/or choices: they are sequential steps in a pathway. Your temporary status buys you time to build the company and profile that qualifies you for permanent residence.

 

There’s one important exception: some founders qualify for a green card from day one, particularly through the EB-1A (extraordinary ability) or EB-2 NIW (national interest waiver) categories. If you have a strong enough track record, skipping the temporary phase entirely may be possible.

 

Self-Sponsored vs. Company Sponsored

Some visa categories require an employer to sponsor you. When you’re the founder of your own company, this can result in a situation where your company is sponsoring you, but you also control the company. In some cases this type of sponsorship is permissible, but may change documentation requirements and can also increase the scrutiny your petition receives.

 

Other pathways allow true self-sponsorship: meaning you petition on your own behalf without an employer relationship. The EB-1A and EB-2 NIW green cards fall into this category, which is one reason they’re attractive to founders.

Visa Sequencing

Your first US visa is likely not your last. Most founders move through two or three immigration statuses over the course of building a US company. The decisions you make early on (which visa, when you file, how you document your role) affect what options will remain available to you later on.

 

That’s why immigration strategy matters. A visa that solves today’s problem while closing off future pathways may not be the most strategic solution.

 

Pathways by Founder Situation

“I’m launching a US company from outside the US”

If you’re not yet in the US and want to enter to start or run a company, three main options apply. Many founders’ first grapple with selecting the right visa after being accepted to a US-based accelerator program like Techstars, 500 Global or Antler: the acceptance email arrives, and suddenly figuring out how to actually get to the US becomes your next growth challenge.

 

E-2 Treaty Investor Visa: If you’re a citizen of a country with an E-2 treaty with the US, you can invest $100,000-200,000 (sometimes more, sometimes less, depending on the business) into a US company you’ll direct and control. The E-2 is renewable indefinitely in two-year increments, but it never leads directly to a green card. For this reason, E-2 visas are seen as a holding pattern, rather than a pathway to long-term US residence.

 

L-1A Intracompany Transfer Visa: If you already have a company outside of the US, you can use it to transfer yourself to a US subsidiary, affiliate or parent company as a manager or executive. You’ll need to have worked for the foreign entity for at least one year out of the last three. The L-1A can lead to an EB-1C green card, making it one of the few temporary visas with a built-in pathway to permanent residence.

 

O-1A Extraordinary Ability Visa: If you have a strong personal track record (meaningful funding raised, high-profile press coverage, judging or speaking roles, awards and other markers of recognition) you may qualify as an individual of extraordinary ability. The O-1A does not require an investment threshold or a foreign company. Instead, it requires evidence that you’ve risen to the top of your field (and that you’ll continue to pursue work in this field in the US).

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“I’m in the US and need to establish or extend my status”

If you’re already in the US (perhaps on a student visa or a visa from a previous employer), your options depend on your current situation and timeline.

 

O-1A Extraordinary Ability Visa: The O-1A is often the most founder-friendly temporary visa for those already in the US. It is not subject to an annual cap or lottery, can be filed year-round, and allows you to work for your own company. If you’ve been building your profile while in the US, this is oftentimes the right next step.

 

H-1B Speciality Occupation Visa: The H-1B is the most common US work visa, but it’s designed for employees in speciality occupations, not founders. It requires an employer-employee relationship, is subject to an annual lottery with selection odds dependent on your wage level, and locks you into a specific role. Most founders who can qualify for O-1A decide to pursue that pathway instead. That said, H-1B may be considered as a fallback when other options aren’t available.

 

Thinking about the Green Card Clock

If you’re in the US on a temporary visa, it’s worth understanding how long you can stay before you’ll need permanent residence. Some visas (H-1B) have hard limits. Others (O-1A, E-2) can be renewed indefinitely but do not themselves lead to green cards. Building your green card case while on temporary status, not after your time runs short, is almost always a prudential approach.

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“I want permanent residence”

A green card means you can live and work in the US indefinitely, without ongoing visa renewals or status dependencies. For founders, four main employment-based pathways apply:

 

EB-1A Extraordinary Ability Green Card: The EB-1A is the O-1A’s permanent counterpart. It requires demonstrating extraordinary ability through sustained national or international recognition. Founders who’ve built successful companies, raised significant funding, earned press coverage or contributed original work of significance to their field may qualify. Critically, EB-1A allows self-sponsorship: no employer petition is required.

 

EB-1C Multinational Executive Green Card: If you entered the US on an L-1A and have been working in a managerial or executive capacity for a US company that’s been doing business for at least one year, the EB-1C is a clear next step. It requires company sponsorship and substantial documentation of the business operations, but it does not require proving “extraordinary ability.”

 

EB-2 NIW (National Interest Waiver) Green Card: The NIW allows individuals with advanced degrees or exceptional abilities to self-petition for a green card if their work is in an area of substantial merit and national importance. For founders building companies in areas like technology, healthcare or other fields with a broad impact, this pathway has become increasingly viable. It doesn’t require an employer sponsor or labor certification.

 

EB-2 and EB-3 Green Cards (PERM Process): The traditional employment-based green card process requires a US employer to prove, through a process called PERM labor certification, that no qualified US workers are available for the role you’re occupying. This is time-consuming (often 2-3 years), bureaucratic and not well-suited for founders, who typically pursue EB-1A or EB-2 NIW instead.

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“My company is raising or has raised funding”

Fundraising changes your immigration profile in specific and documentable ways.

 

Funding as Evidence

Venture capital investment, especially from known firms, serves as third-party validation of your work. A seed round demonstrates that sophisticated investors believe in what you’re building. A Series A or beyond demonstrates traction and market confidence. This kind of evidence (commitment letters, term sheets, cap table documentation) can strengthen O-1A and EB-1A cases significantly.

 

Funding also affects timing. Major milestones like closing a round, launching a product or hitting revenue targets often create stronger filing opportunities. If you know a round is coming, coordinating your immigration timeline with your business timeline can produce a meaningfully stronger petition.

 

That said, funding isn’t required. Founders with strong technical contributions, meaningful press coverage, advisory roles or other forms of national or international recognition can qualify for O-1A and EB-1A without institutional investment behind them.

 

Ownership, Control and Dilution

Funding also affects your ownership percentage: and for some visas, that matters.

 

E-2 status requires that you “develop and direct” the enterprise, which USCIS interprets as maintaining substantial ownership and operational control. As you raise successive rounds and your equity stake dilutes, you may approach a threshold where E-2 renewal becomes complicated.

 

L-1A and EB-1C are less sensitive to ownership percentages, but you still must demonstrate that you’re functioning in a managerial or executive capacity. Merely acting as an individual contributor with a founder title is insufficient.

 

What Investors Expect

Some investors will ask you about your immigration status as a part of their diligence. A founder who cannot legally work in the US, or who might have to leave the country mid-execution, represents real operational uncertainty.

 

In the current environment, having a clear immigration strategy (and not just a current visa) is essential to get ahead of investor concerns.

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What Makes Immigration for Founders Different

You may have noticed that founder cases don’t always fit neatly into the standard immigration mold.

 

You’re not a typical employee. Most employment-based immigration assumes a clear separation between employer and employee. When you’re the founder, that line is blurred. You may own the company that’s sponsoring you, having created the role you’re filling. This is legitimate for some visas, but it requires careful documentation and sometimes can attract additional scrutiny.

 

You have to build your own evidence file. Employees applying for visas typically rely on their employer to compile documentation. Founders, even those coming through well-resourced accelerators, often need to do this themselves, or work with counsel who understands what to collect. Press mentions, investor communications, product metrics, speaking invitations, patent filings: all of this becomes the raw material for your case. You will likely pursue these accolades anyways, but sometimes you need to consider what pieces to go after that can round out your profile for USCIS, not just investors.

 

You need to think 2-3 years ahead. The visa that solves today’s problem may not serve you at your next fundraising round, when it comes time to hire aggressively or when you need to be able to travel freely. Building an immigration strategy, rather than simply filing your next application, makes a world of difference.

 

Next Steps

There’s no single “best” visa for founders. The right choice depends on your nationality, what stage your company is in, your personal track record and where you want to be in the future.

 

However, the founders who navigate immigration most smoothly aren’t the ones with the most clean-cut cases: they’re the ones who started planning early.

 

If you’re a founder building towards the US market, consider working with immigration counsel who understands the full arc: not just visa categories, but how those categories intersect with fundraising, entity structuring and growth-stage decisions. Attorneys who practice internationally, or who regularly work with founders still building from abroad, tend to see the journey differently. They’ve watched clients go from pre-seed to Series A, from their first US customer to full relocation, and they understand that immigration strategy runs through every major business milestone.