The U.S. immigration landscape for climate tech founders has shifted dramatically in 2026. With the H-1B $100,000 employer-paid entry fee for new petitions requiring consular processing (effective September 21, 2025, imposed via Presidential Proclamation and subject to active litigation) making that pathway financially prohibitive for many, entrepreneurs are increasingly exploring alternatives that may offer faster processing, higher approval rates, and greater flexibility. For founders building solutions to address the climate crisis, understanding the available visa options is not just an administrative task; it is a strategic decision that can shape a company's trajectory. Alma's startup immigration services provide attorney-led guidance to help founders evaluate and pursue the right pathway.
Climate tech represents one of the more compelling sectors for U.S. immigration officials evaluating "extraordinary ability" and "national interest" claims. Work on carbon capture, renewable energy, or sustainable agriculture directly addresses priorities the U.S. government has identified as economically and environmentally significant.
The challenge is that traditional employer-sponsored pathways have become impractical for many founders. The H-1B's $100,000 employer-paid entry fee, imposed via Presidential Proclamation signed September 19, 2025 and effective September 21, 2025, applies to new H-1B petitions filed for beneficiaries outside the U.S. who do not already hold a valid H-1B. Extensions, amendments, and change-of-status petitions for individuals already in the U.S. are exempt. The proclamation is subject to active litigation (including challenges by the Chamber of Commerce and a coalition of 20 states) and contains a narrow "national interest" exception. It expires September 21, 2026 absent renewal. Additionally, controlling-interest founders face an 18-month validity limit on the initial petition and first extension (per the H-1B Modernization Final Rule, effective January 17, 2025), compared to the standard 3-year period.
The primary alternatives available to founders include:
Understanding how each pathway aligns with a founder's funding stage, nationality, and timeline is an important part of the process. Alma's individual immigration services help match founders to potential pathways, and the firm reports a 99%+ approval rate for cases accepted for filing.
The O-1A has emerged as one of the most prominent options for climate tech founders in 2026. Unlike the H-1B, it has no annual cap, no lottery, and permits petitioning through the founder's own company (filed by a U.S. employer or agent). With premium processing delivering a USCIS action (approval, denial, RFE, or NOID) within 15 business days, founders can potentially receive a decision within a month of filing.
USCIS requires meeting at least 3 of 8 regulatory criteria for extraordinary ability under 8 CFR 214.2(o)(3)(iii)(B). For climate tech founders, the most commonly targeted criteria include:
One example of a fast outcome: a UK-based satellite biodiversity platform founder reportedly received O-1A approval in 6 calendar days using TechStars acceptance, media coverage, and judging credentials as primary evidence. This result, while within the 15-business-day premium processing window, is faster than typical.
The typical O-1A process spans 4 to 6 months when including evidence building:
Mandatory government fees for the O-1A range from approximately $530 (small employer or nonprofit, excluding the Asylum Program Fee) to approximately $1,655 (large employer with Asylum Program Fee), plus the optional premium processing fee. The base I-129 filing fee varies by employer size: $530 for small employers (25 or fewer full-time equivalent employees) and nonprofits, or $1,055 for larger employers.
Alma offers O-1 New petitions at $8,000 with a 2-week document turnaround, covering attorney fees, paralegal support, and platform access. More information on the O-1A visa pathway is available on Alma's website.
For founders seeking permanent residence, two self-petition options stand out: EB-1A for those with sustained national or international acclaim, and EB-2 NIW for those whose work may serve the national interest.
EB-1A requires demonstrating that the applicant is among the "small percentage at the very top" of their field, a higher evidentiary bar than O-1A. Climate tech founders who initially obtain O-1A status sometimes build toward EB-1A during their first 2 to 3 years by accumulating additional achievements such as:
The EB-2 National Interest Waiver offers a potentially more accessible green card path. USCIS evaluates three factors under the Matter of Dhanasar framework (26 I&N Dec. 884, AAO 2016):
Premium processing is available for I-140 petitions in the EB-2 NIW category, with USCIS guaranteeing an action within 45 business days (approximately 9 calendar weeks). The premium processing fee is $2,805 through February 28, 2026, increasing to $2,965 on March 1, 2026. Alma provides EB-2 NIW services at $10,000, or $7,000 for clients with an approved O-1 already in hand.
For India and China (PRC) nationals facing employment-based green card priority date backlogs, filing early establishes a priority date, which is the applicant's place in line. This can be a significant consideration for long-term planning.
The E-2 treaty investor visa can offer relatively fast processing. While some consular posts (such as London and Tokyo) have issued E-2 visas in as little as 2 weeks for fully prepared, interview-waived cases, typical consular processing ranges from 2 to 4 or more months depending on post demand. The E-2 is limited to citizens of over 80 treaty countries as listed by the U.S. Department of State, and notably excludes China (PRC), India, and Brazil. (Note: Taiwan does have an E-2 treaty with the United States.)
There is no statutory minimum investment amount for the E-2. However, the investment must be "substantial" relative to the total cost of the enterprise (a proportionality test per 9 FAM 402.9-6). In practice, the following informal thresholds are commonly cited by immigration practitioners:
The investment must be "at risk" and committed to the U.S. business. Funds in escrow conditional on visa approval may qualify if properly structured. Key documentation includes a comprehensive business plan with financial projections, source of funds verification, a job creation timeline, and evidence such as lease agreements, equipment purchases, and payroll setup.
E-2 visas are renewable indefinitely and provide work authorization for spouses, which some founders may view as an advantage compared to the O-3 dependent status available under the O-1A. More information on the E-2 visa pathway is available on Alma's website.
For founders who have secured significant venture backing but may not meet O-1A criteria, the International Entrepreneur Rule (IER) offers an alternative parole-based pathway. Requirements under 8 CFR 212.19 include:
Initial parole is granted for up to 30 months. One additional 30-month re-parole extension is possible (for a maximum of 60 months total) if the entrepreneur demonstrates at least one of the following:
A partial-satisfaction pathway also exists under 8 CFR 212.19(c)(2)(ii)(C), permitting "other reliable and compelling evidence" of substantial public benefit.
IER is a discretionary benefit and parole can be denied at the border even after USCIS approval. Many immigration practitioners view it as a potential bridge to O-1A or EB-2 NIW rather than a long-term solution.
The H-1B can now cost up to approximately $106,400 for large employers filing new petitions for beneficiaries abroad, including the $100,000 proclamation entry fee (effective September 21, 2025, subject to litigation, and set to expire September 21, 2026 absent renewal). This total includes the $780 I-129 base fee (large employer), $1,500 ACWIA training fee, $500 fraud prevention fee, $600 Asylum Program Fee, and the optional $2,805 premium processing fee (increasing to $2,965 on March 1, 2026). When combined with the 18-month initial validity limit for controlling-interest founders (those with more than 50 percent ownership or majority voting rights, per 8 CFR 214.2(h)(9)(iii)(E), effective January 17, 2025), the H-1B may be impractical for many climate tech entrepreneurs. Note: second and subsequent extensions for controlling-interest founders may be approved for up to 3 years, and the overall 6-year H-1B cap still applies.
While founders may look beyond the H-1B, it can still be a viable option for employees, particularly those with existing U.S. status (who would not be subject to the $100,000 proclamation fee):
Alma's business immigration platform helps manage immigration for teams of 5 to 5,000+, with real-time dashboards, compliance tracking, and HRIS integration.
As a startup scales, immigration compliance becomes increasingly important. A single I-9 violation or missed visa expiration can create significant operational disruption.
Modern immigration platforms can provide automated expiration alerts to help avoid missed renewal deadlines, audit-ready records for HR and legal review, employee portals for self-service document upload and status tracking, and HRIS/ATS integration with platforms such as Workday, ADP, BambooHR, Rippling, and Greenhouse.
Alma's business platform offers built-in trackers, proactive alerts, and real-time dashboards for companies managing 5 to 5,000+ foreign nationals. Transparent pricing is available for per-case fees, with custom solutions for scaling teams.
It is generally permissible to incorporate a U.S. business entity while on B-1/B-2 status, but active work for or management of the company is not authorized under that status. Activities generally considered permissible include attending board meetings, negotiating contracts, and conducting due diligence. When operational work begins, such as product development, sales calls, or team management, proper work authorization is required. Some founders incorporate via services like Stripe Atlas or Clerky while abroad and then enter the U.S. on O-1A or E-2 status to begin active operations.
Government grants can strengthen multiple pathways. For IER, a $124,429 qualifying U.S. government grant (from federal, state, or local government entities; foreign government grants do not qualify) satisfies the funding requirement independently of private investment. For O-1A and EB-1A, grants from agencies such as DOE, NSF, or ARPA-E can serve as evidence of "original contributions of major significance" and may also support the "awards or prizes" criterion. For EB-2 NIW, government funding can demonstrate that federal agencies recognize the national importance of the work, which can be one of the stronger forms of evidence available.
Outcomes after denial vary by pathway. O-1A and EB-2 NIW denials do not prevent future applications; applicants can refile with strengthened evidence. E-2 denials at consulates may be appealed or reapplied for after addressing identified deficiencies. IER denial is final for that particular application, though a new petition can be filed. Most denials stem from insufficient evidence rather than fundamental ineligibility. Working with experienced counsel can help reduce denial risk, and some firms offer money-back guarantees if a petition is not approved.
Founders are generally advised to start 6 to 12 months before the intended filing date. Achievable criteria to target first include: applying to accelerators (acceptance may support the "awards or prizes" criterion), pitching to tech journalists (coverage can support the "published material" criterion), and volunteering to judge university pitch competitions (which can support the "judging" criterion). Tech Nation's climate programme (now operated by Founders Forum Group) has supported over 140 climate tech startups (approximately 165 including the 2025 cohort), with alumni collectively raising over £1.5 billion (approximately $1.9 billion). Participation in such programs can provide evidence while building a founder's network. Meticulous documentation of all activities, including screenshots and URLs, is important for USCIS review.
Filing EB-2 NIW while maintaining O-1A status is permissible and is a common strategy, particularly for nationals of India and China (PRC) where employment-based green card backlogs can extend for many years. Filing EB-2 NIW early establishes a priority date, which determines the applicant's place in line. The two statuses are independent: O-1A approval does not guarantee NIW approval, and NIW filing does not affect O-1A status. Alma offers EB-2 NIW at $7,000 for clients with approved O-1s, reflecting the overlapping evidence between pathways.
