The U.S. has no dedicated "startup visa," but pre-seed founders have multiple pathways to build companies on American soil. The O-1A visa has emerged as a preferred option, with ~94% approval rates, no annual cap, and no lottery—while the E-2 reached 54,364 issuances in FY 2024 for founders from treaty countries. Meanwhile, an $100,000 H-1B fee effective September 21, 2025 has fundamentally shifted the immigration landscape. At Alma, we help pre-seed founders select and execute the right visa strategy with a guaranteed 2-week document turnaround and a self-reported 99%+ approval rate.
Pre-seed founders face a strategic decision tree based on five variables: nationality, funding level, existing achievements, timeline urgency, and long-term residency goals. The 2025–2026 policy changes have fundamentally altered which pathways make practical sense.
The primary options break down as follows:
As immigration expert Nikki Dryden, formerly of PwC, noted during an earlier period of immigration reform: "Not since 9/11 have we seen such a dramatic shift in immigration policy." That observation—originally made during the 2017–2018 policy cycle—has regained relevance in the current environment. This reality underscores the importance of professional legal guidance for founders planning U.S. market entry.
The O-1A visa has become a workhorse for startup founders with demonstrable achievements. Unlike the H-1B, it has no annual numerical limit, no lottery, and allows unlimited extensions. Processing takes approximately 2–6 months standard adjudication or 15 business days with premium processing ($2,805, rising to $2,965 on March 1, 2026).
USCIS requires meeting at least 3 of 8 evidentiary criteria under 8 CFR 214.2(o)(3)(iii):
For pre-seed founders, accelerator acceptance alone may help satisfy multiple criteria—Y Combinator or Techstars acceptance can serve as evidence of a selective award, membership in a distinguished organization, and a critical role at a VC-backed startup.
A January 8, 2025 USCIS policy update (PA-2025-02) confirmed that a separate legal entity owned by the beneficiary—whether incorporated as a corporation or an LLC—may file a petition on the beneficiary's behalf, provided proper governance structures exist. This codified existing practice into the USCIS Policy Manual.
Governance features that practitioners commonly associate with stronger self-petitioned cases include:
Attorney fees for O-1A petitions range from $5,000–$15,000, with total costs including government filing fees commonly falling in the range of $12,000–$18,000 depending on case complexity and whether premium processing is elected. Alma offers O-1 New at $8,000 with flat-rate, transparent pricing.
The E-2 visa provides a fast pathway for founders from treaty countries willing to make substantial at-risk investments. In FY 2024, E-2 issuances totaled ~54,364—among the highest volumes on record. (Note: exact figures vary depending on how principal applicants, dependents, and employees are counted across State Department data sets.)
Key requirements include:
Japan led E-2 issuances in FY 2024, while France showed approximately 26% year-over-year growth from FY 2023 to FY 2024.
E-2 processing characteristics include:
The E-2 typically requires a comprehensive business plan demonstrating job creation potential and financial viability. Unlike the O-1A, the E-2 does not carry dual-intent status and offers no built-in pathway to a green card, though holders may transition to other immigrant categories separately.
The H-1B visa once served as a common founder pathway, but 2025 policy changes have made it impractical for most pre-seed startups.
A Presidential Proclamation effective September 21, 2025 imposed a $100,000 fee on new H-1B petitions for beneficiaries outside the U.S. Measured against mandatory base government filing fees of approximately $3,380 for large employers (I-129 fee, ACWIA fee, fraud prevention fee, and asylum program fee), this represents a roughly 2,900%+ cost increase. (Two federal lawsuits challenging this fee remain pending as of February 2026.)
Key H-1B limitations for founders:
For founders already in the U.S. on another status (such as F-1 OPT), H-1B change of status remains a viable pathway since the $100,000 fee does not apply to in-country filings. Alma offers H-1B lottery registration at $500 and cap/cap-exempt filings at $3,500.
Additionally, as of December 15, 2025, the State Department requires H-1B and H-4 visa applicants to make social media profiles available for consular officer review.
The L-1 visa serves founders who already operate businesses abroad and seek to expand to the U.S. It requires no lottery and has no numerical cap, making outcomes more predictable.
Two categories exist:
Requirements for L-1 qualification include:
The "New Office" L-1 allows founders to open U.S. operations, but comes with limitations:
Alma provides L-1 Initial/New Office services for $6,000 with expert legal support throughout the process.
For founders seeking permanent residency, the EB-1A (Extraordinary Ability) and EB-2 NIW (National Interest Waiver) offer self-petition options that do not require employer sponsorship.
EB-1A uses similar criteria to O-1A but requires demonstrating that the applicant is among the "small percentage" at the top of the field. Key features include:
EB-2 NIW requires proving the applicant's work benefits the U.S. national interest sufficiently to waive both the job offer and labor certification requirements. Under the Matter of Dhanasar framework (26 I&N Dec. 884, AAO 2016), USCIS evaluates three prongs:
For founders, the connection between startup success, innovation, and job creation can help establish national interest. Alma offers EB-1A/B/C and EB-2 NIW services at $10,000, or $7,000 for founders with a previously approved O-1.
Evidence-building typically begins 6–12 months before the planned visa filing. As immigration attorney Melissa Drennan of Herbert Smith Freehills Kramer has explained: "Officers want to know that objectively in their industry, the founder is notable and their business is legitimate."
Activities that can generate visa-qualifying evidence include:
Key documentation considerations include:
Christopher Kong, Co-Founder & CEO of Corvera, summarizes the founder visa reality: "The US is the best place in the Western world to build a tech business right now. To get an O-1, you need to show that you're a high earner, you've made a meaningful contribution to your field."
Selecting an immigration attorney is a high-stakes decision. Key evaluation criteria include:
Alma combines attorney expertise with a technology platform that provides real-time case tracking, automated reminders, and compliance monitoring. With flat-rate pricing, a 99%+ approval rate, and guaranteed 2-week document turnaround, Alma serves as a trusted partner for founders building their American dream.
IER is a parole-based program designed specifically for startup founders who may not qualify for traditional visas. Updated October 1, 2024 (via a final rule published July 25, 2024), it requires $311,071 in qualified U.S. investment OR $124,429 in government grants, 10% minimum ownership, and a central operational role. Initial parole lasts 30 months with one possible 30-month extension. However, IER remains underutilized because parole is discretionary and revocable, with no guaranteed path to permanent residency. IER is generally relevant for founders who have significant U.S. VC backing but may not qualify for O-1A (insufficient achievements) or E-2 (nationality not covered by a treaty or insufficient personal capital).
No. B-1/B-2 visitor visas and ESTA permit attending meetings, conferences, or investor pitches, but performing productive work for a U.S. company is prohibited. Founders may attend accelerator demo days and meet potential investors, but activities constituting employment is not authorized. Many founders use short-term visits for fundraising and market research while preparing O-1A or E-2 applications, but any activity constituting employment is prohibited until proper work authorization is secured.
Premium processing is available for O-1A and H-1B petitions filed with USCIS, providing 15 business day adjudication for an additional $2,805 fee (increasing to $2,965 on March 1, 2026). Standard processing takes approximately 2–6 months for O-1A per USCIS processing times. Premium processing is NOT available for IER (Form I-941). E-2 visa applications processed at consulates abroad are handled by the State Department—not USCIS—and are therefore outside the premium processing system; however, E-2 petitions filed via Form I-129 with USCIS domestically are eligible. Consular processing times for E-2 vary—from approximately 2 weeks at many European and Asian consulates to several months at higher-volume posts.
Yes, visa denials are not permanent bars. For O-1A, applicants can resubmit with additional evidence addressing deficiencies cited in the denial. Many successful O-1A petitions are approved on a second attempt after strengthening the evidence package. For E-2, addressing consular officer concerns about business plan viability or investment substantiality typically resolves issues. The key is understanding why a denial occurred—Request for Evidence (RFE) responses and denial notices specify deficiencies. Alma includes RFE responses in standard pricing and offers one free refile for initial denials on Growth and Enterprise business plans.
Most pre-seed founders secure a temporary visa first, then pursue a green card after building additional achievements. O-1A holders have a natural pathway to EB-1A because USCIS uses similar criteria—founders who successfully obtain O-1A status often further strengthen their case before filing EB-1A. However, founders from countries with long green card backlogs (such as India and China) may benefit from filing EB-1A or EB-2 NIW early to establish a priority date, even while maintaining O-1A status. The timing depends on nationality, timeline, and evidence strength. Get a free consultation to explore which approach fits your situation.
