Non-technical cofounders, including CEOs with business backgrounds, COOs, CMOs, and heads of sales, face unique immigration challenges when seeking U.S. work authorization. Many assume visa pathways require STEM credentials or technical patents. The reality is that business achievements in marketing, fundraising, operations, and go-to-market strategy may qualify as "extraordinary ability" when properly documented. With O-1A approval rates of approximately 91 to 94% across recent fiscal years (USCIS data, FY 2018 to 2025), no lottery system, and no nationality restrictions, non-technical founders may find viable pathways to build their American ventures. Alma's immigration services for individuals provide personalized legal support to help founders identify the right visa category and build compelling petitions.
The O-1A visa has become a frequently used pathway for non-technical cofounders who can demonstrate business achievement. With approval rates of approximately 91 to 94% across recent fiscal years, no annual cap, no lottery system, and the availability of extensions, it offers significant advantages over alternatives.
USCIS requires petitioners to satisfy at least 3 of 8 evidentiary criteria. For non-technical founders, these commonly include:
As immigration attorney Sophie Alcorn has noted: "By being accepted and participating in a U.S. accelerator program, you and your co-founder are already on your way to meeting some of the criteria for the O-1A extraordinary ability visa."
Single achievements can satisfy multiple criteria. Y Combinator acceptance, for example, may simultaneously qualify as an "award," "membership in a distinguished organization," and evidence of "critical role."
Strong O-1A petitions typically require third-party validation rather than self-assessment. Key documentation includes:
USCIS policy updates in January 2025 clarified that beneficiary-owned entities (such as the founder's own corporation or LLC) may petition for O-1A status, enabling practical self-sponsorship structures. This requires demonstrating a genuine employer-employee relationship through board oversight, independent directors with authority over hiring and compensation, and proper governance documentation. Note that this is not true self-petitioning; a separate legal entity and formal employer-employee relationship remain required.
The O-1A visa provides initial validity of up to 3 years. Extensions of up to 1 year are available for continued activities in the same role. Following the January 2025 USCIS Policy Manual update, extensions of up to 3 years may be authorized for new events or activities, whether or not the employer has changed. There is no maximum limit on the number of extensions. Alma offers O-1 new visa petitions for $8,000, including attorney fees, paralegal support, platform access, and administrative charges, with a 99%+ approval rate.
For non-technical cofounders with existing foreign operations, the L-1A visa provides a pathway to expand into the U.S. market. This category serves founders who have built companies abroad and are pursuing American expansion.
The L-1A "new office" category allows founders to establish a U.S. subsidiary, branch, or affiliate of their foreign company. Requirements include:
Initial validity for new office L-1A petitions is 1 year, with extensions available as the U.S. operation develops. Maximum stay extends to 7 years for L-1A managers and executives.
Non-technical cofounders may qualify through managerial or executive functions.
Executive capacity requires directing management of the organization, setting goals and policies, exercising wide latitude in discretionary decision-making, and receiving only general supervision from higher executives or the board.
Managerial capacity requires supervising and controlling the work of professional employees or managers, managing an essential function of the organization, and having authority to hire, fire, and direct personnel (or managing at a senior level).
The key advantage of L-1A: it provides a direct pathway to the EB-1C green card for multinational executives and managers, creating a clear immigration trajectory. Canadian nationals benefit from special processing under 8 CFR 214.2(l)(17), which allows them to present a completed Form I-129 L-1 petition directly to CBP at designated U.S./Canada border ports of entry for same-day adjudication without prior USCIS filing. Note that since approximately 2019, CBP has stopped adjudicating renewals at the border.
Alma provides L-1 Initial/New Office petition services for $6,000 and L-1 Extensions for $3,000.
The E-2 treaty investor visa offers a capital-based pathway that bypasses achievement requirements entirely. With 54,364 issuances in FY 2024 (a record high) and practitioner-estimated approval rates of approximately 87 to 93%, it remains popular among founders from eligible countries.
While no statutory minimum exists, practitioners cite $100,000+ as a practical baseline. USCIS evaluates "substantiality" relative to the total enterprise cost (the investment must be proportionally significant to establish the business), the at-risk commitment (capital must be irrevocably committed, not held in escrow), and whether the business is an active enterprise that is operational or actively progressing toward operation.
Key E-2 considerations for non-technical founders:
Non-technical founders pursuing E-2 must demonstrate a central operational role involving active management of the enterprise (not passive investment), job creation potential through business plans showing employment of U.S. workers, and viability beyond marginality (the enterprise must generate more than minimal income for the investor's family).
Critical limitation: E-2 provides no built-in green card pathway and requires demonstrating non-immigrant intent (ties to home country). Additionally, equity dilution from U.S. investor funding rounds can jeopardize status if treaty country ownership falls below 50%.
The E-2 visa may be suitable for founders from treaty countries with capital access who intend to test the U.S. market before pursuing permanent residency through other channels.
For non-technical founders seeking permanent residency, the EB-1A and EB-2 NIW categories offer self-petition options that do not require employer sponsorship or PERM labor certification.
The EB-1A "extraordinary ability" green card requires sustained national or international acclaim, which represents a higher bar than the O-1A visa. Successful petitions demonstrate satisfaction of at least 3 of 10 evidentiary criteria (similar to O-1A but with a slightly different list), evidence of "sustained" acclaim rather than a single achievement, and intention to continue working in the field of extraordinary ability.
Non-technical founders may qualify through major awards or prizes in the business field, membership in associations requiring outstanding achievement, published material about their work in major media, evidence of judging others' work (such as pitch competitions, grants, or awards), original business contributions of major significance, authorship of articles in professional publications, or high salary/remuneration for services.
The EB-1A advantage: it is typically current for most countries (no multi-year wait for visa numbers), allowing faster green card processing than other categories. However, for India and China, the February 2026 Visa Bulletin shows EB-1 Final Action Dates at February 1, 2023, meaning applicants from these two countries do face a backlog of approximately 3 years.
The EB-2 NIW provides green card access for founders whose work serves the national interest. Under the Matter of Dhanasar framework, petitioners must satisfy three prongs:
Non-technical founders may qualify through an advanced degree (Master's or higher, including MBA) or through exceptional ability, which requires meeting 3 of 6 regulatory criteria including professional licenses, 10+ years of experience, and recognition from peers.
A critical consideration for founders from India and China: EB-2 priority date backlogs significantly affect these nationalities. Based on the February 2026 Visa Bulletin, EB-2 India has a Final Action Date of approximately July 2013 and a Dates for Filing cutoff of December 2013, representing a wait of over 12 years. EB-2 China has a Final Action Date of approximately September 2021 and a Dates for Filing cutoff of January 2022. This means approved EB-2 NIW petitions from these countries may face substantial waiting periods before a green card number becomes available. Founders from affected countries may wish to evaluate EB-1A as an alternative, given its significantly shorter or nonexistent backlogs for most nationalities.
Processing currently takes approximately 17 to 21 months for standard processing or 45 business days (approximately 9 calendar weeks) with premium processing. The premium processing fee is $2,805 through February 2026, increasing to $2,965 effective March 1, 2026.
Alma provides expert legal services for EB-1A and EB-2 NIW petitions at $10,000 each, or $7,000 for founders with an approved O-1.
Recent policy changes have made the H-1B visa largely impractical for pre-seed non-technical founders, though it remains relevant in limited circumstances.
Presidential Proclamation 10973, effective September 21, 2025, imposed a $100,000 supplemental fee on new H-1B petitions for beneficiaries outside the U.S. This is separate from and in addition to mandatory base filing fees, which total approximately $3,380 for employers with 25 or more full-time employees (comprising the I-129 base fee, ACWIA training fee, Fraud Prevention and Detection fee, and Asylum Program fee) or approximately $2,010 for small employers with 25 or fewer employees. As of February 2026, the supplemental fee remains in effect after being upheld by a U.S. District Court in December 2025, though multiple legal challenges remain pending. The proclamation is set to expire September 21, 2026 absent extension. This fee applies to new H-1B petitions for individuals outside the U.S. and does NOT apply to in-country extensions or changes of status.
Additional barriers include:
Despite these challenges, H-1B may still be relevant for founders already in the U.S. on F-1 OPT who can file an H-1B change of status (exempt from the $100,000 supplemental fee) as a bridge to O-1A or EB-2 NIW. It may also apply to cap-exempt petitions at universities, nonprofit research organizations, or government research institutions, as well as to founders joining established companies before launching their own ventures.
For most pre-seed non-technical founders, the H-1B pathway is generally viewed as a temporary bridge or backup option. O-1A, E-2, or International Entrepreneur Parole may offer more practical alternatives depending on individual circumstances.
The International Entrepreneur Rule provides parole (not a visa) for founders with significant U.S. venture backing. As of October 1, 2024, thresholds (adjusted annually for inflation per a Federal Register final rule published July 25, 2024) require:
IEP allows up to 3 cofounders per startup with 10% minimum ownership, initial 30-month parole extendable to a maximum of 5 years. Spouses paroled under the IER may apply for work authorization via a separate Form I-765 application (work authorization is not automatic). However, IEP is discretionary, provides no direct green card path, and limits work authorization to the specific startup entity. Premium processing is not available, and processing generally takes several months.
Selecting an immigration attorney can significantly impact visa outcomes. For non-technical founders, effective counsel understands that business innovation may qualify as "extraordinary" when properly documented.
When evaluating legal partners, relevant considerations include startup experience (have they represented founders at a comparable stage, such as pre-seed, seed, or Series A?), approval rates (what is their track record with the specific visa category being pursued?), pricing transparency (are fees flat-rate or hourly, and what is included versus extra?), technology integration (do they offer case tracking dashboards and automated reminders?), timeline estimates (what is their document preparation turnaround?), and RFE experience (how do they handle Requests for Evidence if USCIS asks for additional documentation?).
Potential red flags include attorneys unfamiliar with startup equity structures, those who discuss only technical achievements for O-1A, or firms without transparent pricing.
Modern immigration platforms may provide real-time case tracking (enabling petitioners to monitor petition status without calling their attorney), automated reminders (reducing the risk of missing deadlines or expiration dates), document management (secure storage and easy retrieval of immigration records), and compliance dashboards, which are especially relevant for businesses managing multiple foreign nationals.
Alma combines attorney expertise with technology, offering a guaranteed 2-week document turnaround, up to 3 free consultation calls per matter, and built-in trackers with proactive alerts. Get started with a free consultation.
Yes, but with specific structural requirements. January 2025 USCIS policy clarified that beneficiary-owned entities may petition for O-1A status when a genuine employer-employee relationship exists. This requires proper corporate governance, typically a board of directors including independent members with authority over hiring, firing, supervision, and compensation of the beneficiary. This is not true self-petitioning; a separate legal entity is required. For EB-1A green cards, self-petition is built into the category; no employer sponsorship is required. The petition must demonstrate sustained national or international acclaim, but the petitioner files on their own behalf.
Processing times vary by category. O-1A petitions generally take approximately 4 to 8 months with standard processing or 15 business days (approximately 3 calendar weeks) with premium processing. EB-2 NIW petitions currently average approximately 17 to 21 months with standard processing or 45 business days (approximately 9 calendar weeks) with premium processing. The premium processing fee is $2,805 through February 2026, increasing to $2,965 effective March 1, 2026. E-2 consular processing generally takes approximately 2 weeks to 4 months. L-1A new office petitions typically take approximately 3 to 6 months with standard processing. International Entrepreneur Parole has no premium processing option and generally takes several months.
Business plans are an important component of E-2 treaty investor visa and International Entrepreneur Parole applications, where USCIS evaluates the viability and marginality of the enterprise. A strong plan typically demonstrates job creation potential, market analysis, 5-year financial projections, and a clear operational roadmap. For O-1A petitions, formal business plans are generally less significant than evidence of past achievements, though they can support "critical role" evidence by showing the founder's strategic importance to a distinguished organization. EB-2 NIW petitions benefit from articulating how the proposed endeavor serves national interests, which functions more as a clear statement of national importance and the petitioner's positioning to succeed than as a traditional business plan.
Requests for Evidence (RFEs) provide an opportunity to strengthen the case and are not automatic denials. USCIS issues RFEs when the initial petition lacks sufficient documentation for specific criteria. Attorneys typically respond with additional evidence directly addressing USCIS concerns, such as additional recommendation letters, further media coverage, or clarifying documentation. For denials, available options include filing an appeal with the Administrative Appeals Office (AAO), filing a motion to reopen or reconsider with new evidence, or submitting a new petition with strengthened documentation. Alma includes RFE responses in standard legal fees and offers one free refile in case of initial denial for Growth and Enterprise business clients.
Founders from non-treaty countries (including China, India, Brazil, Russia, and others) cannot access E-2 treaty investor visas, making O-1A and EB-2 NIW the primary pathways. Additionally, EB-2 green card backlogs significantly impact certain nationalities. Based on the February 2026 Visa Bulletin, EB-2 India has a Final Action Date of approximately July 2013 (with a Dates for Filing cutoff of December 2013), representing a wait of over 12 years. EB-2 China has a Final Action Date of approximately September 2021 (with a Dates for Filing cutoff of January 2022). This means approved EB-2 NIW petitions from these countries may face years of waiting for green card numbers to become available. Founders from affected countries may want to evaluate EB-1A, which is typically current for most countries or has a significantly shorter backlog (EB-1 India/China Final Action Date is February 2023 as of the February 2026 Visa Bulletin).
Yes, all major founder visa categories allow dependent family members. O-1 visa holders' dependents receive O-3 status; E-2 dependents receive E-2 dependent status with work authorization; L-1A dependents receive L-2 status with work authorization. EB-1A and EB-2 NIW include family members in the green card petition. International Entrepreneur Parole specifically provides the ability for spouses to apply for work authorization via a separate Form I-765 application (work authorization is not automatic, and children are not eligible for independent work authorization). Each dependent over 14 typically requires a separate I-539 application (Alma charges $500 per dependent for I-539 filings). Planning for family immigration is generally part of the overall visa strategy from the beginning.
