For founders
Visas and green cards for startup founders
Founders have more routes than most people think. Here is which route fits, the main hurdle for each, and the evidence founders usually have.
Last checked October 2026 · Sources
- Self-petition green cards
- EB-1A, EB-2 NIW
- O-1A legal fee from
- $6,999 flat
- EB-2 NIW legal fee from
- $7,995 flat
- E-2 legal fee from
- $7,500
Quick answer
Which visa or green card fits a startup founder?
Founders usually compare five routes. O-1A is a work visa your own US company can file. EB-1A and EB-2 NIW are green cards you can file for yourself. E-2 suits nationals of treaty countries who invest in a US business. L-1A suits a manager moving to a US office of a foreign company. No route is automatic.
- You cannot file your own O-1, but a separate company you own can.
- EB-1A needs no job offer. NIW waives the job offer under Matter of Dhanasar.
- E-2 needs treaty nationality and a substantial investment.
- L-1A needs 1 continuous year abroad with the related company in the last 3.
Compare routes
O-1A vs EB-1A vs NIW vs E-2 vs L-1A for founders
The fit column is practical guidance. A partner-firm attorney confirms what fits your case.
| Route | What you get | Fit for founders | Key hurdle | Our legal fee from |
|---|---|---|---|---|
| O-1A | Work visa, up to 3 years at first | Strong record, need to work in the US soon | A major award or 3 of 8 criteria. A US employer or agent must file. See O-1 for founders. | $6,999 |
| EB-1A | Green card | Well-known founder with press, funding and awards | A major award or 3 of 10 criteria, then a review of your whole record | $8,995 |
| EB-2 NIW | Green card | Advanced degree or exceptional ability, with a venture of national importance | The 3 prongs of Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016) | $7,995 |
| E-2 | Investor visa, renewable | Treaty country national investing in a US business | Treaty nationality, a substantial investment, and at least 50% ownership or operational control | $7,500 |
| L-1A | Work visa for managers and executives | You run a foreign company and are opening its US office | 1 continuous year abroad in the last 3. A new office is approved for up to 1 year at first. | Quoted on request |
Sources: 8 CFR 214.2(o), 8 CFR 204.5(h) and (k), USCIS E-2 page and USCIS L-1A page. Legal fees are partner-firm fees. Government fees are separate. See pricing.
NIW for entrepreneurs
What USCIS says about NIW for entrepreneurs
The USCIS Policy Manual has a section just for entrepreneurs (Vol. 6, Part F, Ch. 5).
-
General job claims are not enough
Broad claims about helping the economy or creating jobs will not establish eligibility on their own. Show how your specific venture meets each prong.
-
Outside validation helps
Investment from angels or venture capital, government grants, and admission to an incubator or accelerator may count as evidence.
-
Ownership alone rarely decides it
Owning the company helps show you are well positioned, but it rarely establishes eligibility on its own.
-
You do not have to prove success
Quoting Dhanasar, USCIS notes that “many innovations and entrepreneurial endeavors may ultimately fail, in whole or in part, despite an intelligent plan and competent execution.” You need not show your venture is more likely than not to succeed.
More detail: NIW guidance for STEM workers and founders. Glossary: Matter of Dhanasar.
Your evidence
Typical founder evidence, by criterion
Practical guidance on where founder work usually fits for O-1A and EB-1A. What counts is decided on your documents.
| Founder achievement | Criterion it may support | What it must show |
|---|---|---|
| Venture or government funding | Critical role (company reputation), high salary (credibility of pay) | Significant funding for your stage and industry, from VCs, angels or government |
| Press about you or your startup | Published material about you | Coverage about you and your work in major or trade media, not a passing mention |
| Judging accelerator applications or pitch competitions | Judging the work of others | You were asked and actually completed the judging |
| Founder or co-founder role | Leading or critical role | Your duties and results at a startup with a distinguished reputation, not just your title |
| High salary or valuable equity | High salary, or comparable evidence | Pay high for your field and location, or highly valued equity if salary does not readily apply |
Sources: USCIS Policy Manual, Vol. 2, Part M, Ch. 4 (O-1A) and Vol. 6, Part F, Ch. 2 (EB-1A), both current as of Oct. 2, 2026. Getting into an accelerator is not judging. See profile building for founders.
Get started
Where founders usually start
-
Audit your record
List funding rounds, press, awards, judging and pay. Many founders already meet one or two criteria.
-
Check your nationality and company setup
E-2 depends on a treaty country. L-1A depends on a related foreign company. O-1 needs a US petitioner.
-
Decide: work now, green card later
Practical guidance: many founders use O-1A or E-2 to work now, then file EB-1A or NIW.
-
Talk to an attorney
A partner-firm attorney confirms the route. Frank helps with O-1A, EB-1A and EB-2 NIW. E-2 and L-1A are partner-firm attorney services.
FAQ
Questions people ask
It depends on your record, nationality and company. O-1A, EB-1A, EB-2 NIW, E-2 and L-1A are the usual options. A partner-firm attorney confirms what fits.
Yes. EB-1A needs no job offer. NIW waives the job offer and labor certification. So you can file for yourself.
Yes, if it is a separate legal entity such as a corporation or LLC. You cannot file for yourself. See O-1 for founders.
USCIS does not set a fixed dollar amount. The investment must be substantial for the business. A lower-cost business needs a higher share invested.
It can. The Policy Manual says officers may treat admission into an incubator or accelerator as an endorsement of your plan or track record.
Possibly. You need 1 continuous year in the last 3 as a manager or executive at the foreign company. The company must also have secured US office space. A new office stay is up to 1 year at first.
See which founder route fits your record
Upload your resume and see your standing on each criterion. No account or card. A partner-firm attorney confirms eligibility before anything is filed.
Sources · checked October 2026
- 8 CFR 214.2(e), (l) and (o), eCFR (version of Oct. 1, 2026)
- 8 CFR 204.5(h) and (k), eCFR (version of Oct. 1, 2026)
- USCIS Policy Manual, Vol. 6, Part F, Ch. 5, EB-2 and NIW (current as of Oct. 2, 2026)
- USCIS Policy Manual, Vol. 6, Part F, Ch. 2, Extraordinary Ability (current as of Oct. 2, 2026)
- USCIS Policy Manual, Vol. 2, Part M, Chs. 3 and 4 (current as of Oct. 2, 2026)
- USCIS, E-2 Treaty Investors (updated 08/20/2026)
- USCIS, L-1A Intracompany Transferee Executive or Manager (updated 08/31/2026)
This page is general information, not legal advice. Rules and fees change; a partner-firm attorney confirms what applies to you before anything is filed.
