Breaking into the U.S. market requires more than a great product—it starts with the right visa. With 46.2 of Fortune 500 companies founded by immigrants or their U.S.-born children—and roughly one in five by immigrants themselves—foreign SaaS founders have demonstrated their ability to build transformative businesses in America. Yet there's no single "startup visa" in the U.S., leaving founders to navigate eight distinct pathways, each with different costs, timelines, and requirements. Alma's startup services help founders cut through this complexity with attorney-led guidance and a guaranteed 2-week document turnaround.
The United States lacks a dedicated startup visa, meaning founders must strategically evaluate existing pathways based on their specific circumstances. Each visa category evaluates different qualifications—personal achievements, capital investment, company structure, or national benefit—making the choice highly individual.
Before exploring a pathway, SaaS founders typically assess several critical factors.
Nationality plays a central role: treaty country status determines E-2 eligibility, while non-treaty countries like China, India, and Brazil require alternative strategies. Funding stage matters as well—pre-seed founders face different options than Series A companies with institutional backing. A founder's achievement profile also shapes the analysis, since extraordinary accomplishments may support O-1A and EB-1A petitions, while mission-driven products may lend themselves to EB-2 NIW. Timeline urgency is another factor, as some visas can be processed in weeks while others take 18 months or longer. Finally, green card goals—whether the founder seeks temporary work authorization or permanent residence—affect long-term strategy.
Alma's immigration services provide personalized guidance to help identify potential pathways based on a founder's profile, with attorneys who specialize in high-skilled talent immigration.
Understanding the distinction between temporary and permanent immigration status helps shape strategy.
Temporary visas (nonimmigrant)—including the O-1A, E-2, L-1A, and H-1B—require periodic renewals and allow work authorization for specific purposes. Some enable transition to green cards.
Permanent residence (immigrant/green cards)—including the EB-1A, EB-1C, EB-2 NIW, and EB-5—provide indefinite work authorization, lead to citizenship eligibility after 5 years, and do not require renewal.
The O-1A visa is widely regarded as a strong option for high-growth SaaS founders. Unlike lottery-based alternatives, this visa is based on achievement rather than luck, making it well-suited to founders who have built track records of success.
The O-1A's structure aligns well with the startup journey. There is no annual cap, so applications can be filed year-round without lottery restrictions. There is no minimum investment—eligibility is based purely on achievements, not capital. The visa carries an initial validity of up to 3 years (extensions available in 1-year increments), with unlimited extensions available as long as the beneficiary continues to meet extraordinary ability standards. The O-1A also allows work across multiple employers simultaneously and can serve as a foundation for a subsequent EB-1A green card petition, since the two share substantially similar evidentiary criteria.
Applicants must demonstrate extraordinary ability by meeting 3 of 8 criteria: awards or prizes reflecting national or international recognition; membership in associations requiring outstanding achievement for admission; published material in major publications about the applicant's work; service as a judge of others' work in the field; original contributions of major significance to the field; authorship of scholarly articles in professional publications; employment in a critical or essential capacity at distinguished organizations; and a high salary or remuneration significantly above peers.
For SaaS founders, evidence often includes accelerator acceptance (such as Y Combinator), major media coverage, venture funding rounds, patent grants, and industry recognition like Forbes 30 Under 30.
The total government filing cost is approximately $1,655 for employers with more than 25 full-time equivalent employees—comprising the $1,055 I-129 filing fee and $600 Asylum Program Fee. Small employers with 25 or fewer employees pay reduced fees of $530 and $300 respectively ($830 total). Premium processing guarantees USCIS action within 15 business days for $2,805 (increasing to $2,965 effective March 1, 2026). Note that premium processing guarantees a response—approval, denial, request for evidence, or notice of intent to deny—not a specific outcome. Alma's O-1 services are priced at $8,000 for new petitions, covering attorney preparation, document assembly, and case strategy.
For founders from treaty countries, the E-2 visa offers one of the faster and more accessible pathways to launching operations in America.
The E-2 requires founders to demonstrate treaty country citizenship (over 80 countries qualify, but notably excludes China, India, and Brazil). Founders must also make a substantial investment—there is no legally defined minimum, though immigration practitioners typically recommend $100,000–$200,000 for tech startups. The founder must hold at least 50% ownership or operational control and direct the enterprise. The business must be non-marginal, meaning it must generate income beyond the founder's personal needs and contribute to the U.S. economy by creating jobs. The investment must be at risk, with personal capital committed to business operations.
The E-2 provides several advantages. Consular processing typically takes 2–4 months (USCIS change-of-status processing may take longer). The visa allows unlimited renewals, so founders can maintain status indefinitely while the business operates. Spouses receive work authorization permitting employment with any employer. The E-2 is a well-established pathway, with over 54,000 visas issued in FY2024 alone and 40,000–54,000 issued annually in recent non-pandemic years.
While attractive, the E-2 has constraints. There is no direct green card path—founders must transition to other categories for permanent residence. The treaty country requirement excludes many large markets. Personal capital must be at risk, and status is tied to the enterprise's continued operation.
The International Entrepreneur Rule (IER), codified at 8 CFR 212.19, was designed to fill a critical gap for founders from non-treaty countries who have raised venture capital. This discretionary parole program validates entrepreneurs through third-party investment rather than personal wealth.
Important caveat (as of February 2026): The IER is a discretionary parole program. While the regulation remains codified, broad executive orders targeting parole programs were issued in January 2025, and the current administration has not publicly affirmed the program's continued operation. Historically, the program saw very limited usage—approximately 112 total applications filed in FY2018–2023. Prospective applicants should confirm the program's active status with an immigration attorney before building an immigration strategy around IER.
Under USCIS's updated thresholds effective October 1, 2024, qualification requires $311,071 from qualified U.S. investors or $124,429 in government grants. The qualified investor must have deployed $746,571 in startups over the past 5 years. Initial applications require minimum 10% ownership, and the startup must be under 5 years old and formed in the U.S.
The program provides an initial 30 months of parole, with one 30-month extension available for a total 5-year maximum stay. Up to 3 founders per startup may apply, and spouses receive work authorization.
To extend beyond 30 months, founders must demonstrate meeting any one of the following: $622,142 in additional qualified investment; $622,142 in revenue with 20% average annual growth; or creation of at least 5 qualified U.S. full-time jobs. These are alternative criteria—satisfying any single one is sufficient.
The L-1A intracompany transferee visa serves founders expanding established international SaaS businesses to the U.S. market. This pathway works particularly well for companies with proven track records abroad.
To qualify, founders must demonstrate 1 year of employment with the foreign company in the past 3 years, in an executive or managerial role—both in the foreign entity and in the proposed U.S. position. There must be a qualifying relationship (parent, subsidiary, or affiliate structure) between the foreign and U.S. entities. There is no fixed minimum investment for new office petitions; USCIS evaluates whether funding is sufficient for the proposed operation. Immigration practitioners report that tech companies typically invest $50,000–$150,000 in initial U.S. office setup costs. The company must also demonstrate hiring plans, showing the U.S. office will employ workers within 1 year.
The L-1A offers compelling advantages. USCIS guarantees action within 15 business days (~3 calendar weeks) under premium processing; if a Request for Evidence is issued, the clock resets upon response. The L-1A can facilitate a potential EB-1C pathway to a green card, though L-1A approval does not guarantee EB-1C approval—the U.S. employer must have been doing business for at least 1 year before an EB-1C petition can be filed. New office petitions receive an initial 1-year term, followed by 2-year extensions up to a 7-year maximum. Spouses receive employment authorization.
Alma's L-1 services start at $6,000 for initial new office petitions, with extensions priced at $3,000.
For founders exploring permanent residence without employer sponsorship, EB-1A and EB-2 NIW green cards provide direct pathways.
The EB-1A shares substantially similar—though not identical—evidentiary criteria with the O-1A, and EB-1A adjudication tends to involve stricter scrutiny. The EB-1A evaluates 10 evidentiary criteria (vs. 8 for O-1A), requires meeting 3 of 10, and applies a more rigorous "final merits determination" under established case law. This is reflected in approval rates: approximately 93.8% for O-1A versus approximately 60.7% for EB-1A in FY2025 Q3 data.
Key features of the EB-1A include: self-petition allowed (no employer sponsorship required); a sustained acclaim requirement demonstrating ongoing recognition; and citizenship eligibility after 5 years as a permanent resident. Standard processing currently averages 18–20 months (as of early 2026, per USCIS processing times); premium processing guarantees USCIS action within 15 business days for $2,805 (increasing to $2,965 effective March 1, 2026).
Founders who already hold O-1A status may benefit from smoother EB-1A transitions since they have already assembled documentation of extraordinary ability. Alma offers EB-1A services at $7,000 for clients with approved O-1 petitions.
The EB-2 NIW pathway may suit mission-driven SaaS founders building products with broader societal impact.
The requirements include an advanced degree (Master's or higher) or exceptional ability in the field. The work must have substantial merit and national importance. The founder must be well-positioned to advance the proposed endeavor based on education, experience, and track record. And the benefit must outweigh the job offer requirement, justifying self-sponsorship.
SaaS sectors that have been the subject of successful NIW petitions include clean energy and sustainability platforms, healthcare technology and telemedicine, educational software and accessibility tools, agricultural technology, and cybersecurity and critical infrastructure.
January 2025 guidance (USCIS Policy Alert PA-2025-03) clarified evidentiary standards for NIW petitions, including specific considerations for entrepreneurs—though it also raised the bar for documentation in some areas, emphasizing that broad assertions about general economic benefits are insufficient and that specific startup impact must be documented.
Standard processing for EB-2 NIW currently takes approximately 15–21 months, depending on service center (as of early 2026, per USCIS processing times). Premium processing guarantees action within 45 business days for $2,805 (increasing to $2,965 effective March 1, 2026). Note that the premium processing timeline for EB-2 NIW is 45 business days—longer than the 15-business-day window for O-1A and EB-1A.
Alma's EB-2 NIW services are priced at $10,000.
The H-1B specialty occupation visa remains a common pathway, though its lottery system introduces significant uncertainty for founders.
The H-1B presents notable limitations for founders. The annual cap is set at 65,000 regular slots plus 20,000 for the advanced degree exemption (of the 65,000, up to 6,800 are reserved for H-1B1 nationals of Chile and Singapore). Lottery selection means random chance determines eligibility. Employer sponsorship is required—founders must have their company sponsor them. And the 6-year maximum limits total stay without a green card process in progress.
As of February 2026, a DHS final rule published December 23, 2025, implements a weighted lottery system effective February 27, 2026, for FY2027 registrations—a significant change that may affect future cap-subject filings.
Despite limitations, the H-1B may be worth exploring in certain scenarios: cap-exempt employers (universities, nonprofits, and government research organizations) bypass the lottery; founders may consider it when transitioning from an early employee role where they already hold H-1B status; and it can serve as a concurrent filing alongside other pathways.
Alma's H-1B services include lottery registration at $500 and cap/cap-exempt petitions at $3,500, with extensions and amendments at $3,000.
For founders with significant personal wealth, the EB-5 program provides a path to permanent residence.
The program requires substantial capital: $1,050,000 in standard areas or $800,000 in Targeted Employment Areas (TEAs), with the next automatic inflation adjustment scheduled for January 1, 2027 under the EB-5 Reform and Integrity Act of 2022. The investment must create 10 full-time U.S. jobs (minimum 35 hours/week; qualifying employees exclude the investor, their family, and nonimmigrant workers). Regional center investors may count indirect and induced jobs, while standalone investors must create direct jobs. Lawful source of funds must be documented, and the investment must be at risk with no guaranteed returns. Premium processing is not available for EB-5 petitions (Forms I-526/I-526E).
For qualified founders, the EB-5 provides a direct green card (permanent residence for investor and family). Spouses and children under 21 receive green cards as well. Eligibility is based on investment rather than specific skills or achievements. A regional center option allows indirect job creation to satisfy requirements.
Beyond personal immigration status, SaaS founders who are scaling may want to consider team-wide immigration planning.
Alma's business platform helps companies manage immigration across their workforce, supporting 5 to 5,000+ cases with real-time dashboards for tracking case status and deadlines, built-in compliance tracking with alerts for expirations and amendments, and HRIS integration with platforms like Workday, ADP, BambooHR, and Rippling.
Effective immigration programs typically incorporate proactive planning to identify visa needs before hiring deadlines, budget transparency with clear per-case costs, status monitoring for work authorizations and renewals, and consistent employee communication throughout the process.
For companies managing 26–250 foreign nationals, Alma's Growth Plan provides structured workflows, automated compliance alerts, and dedicated attorney support.
Understanding the application process helps founders prepare effectively and avoid common pitfalls.
Most visa applications follow a similar pattern: an initial strategy consultation to identify potential pathways based on the applicant's profile; an evidence gathering phase to collect documentation supporting eligibility; petition preparation where attorneys draft forms and supporting materials; filing with USCIS or the appropriate consulate; adjudication where the government reviews and may request additional evidence; and finally approval granting authorization to work in the U.S.
Requests for Evidence (RFEs) can delay approvals. Common strategies to minimize RFE risk include comprehensive initial filings that include all possible supporting evidence, a clear narrative connecting evidence to specific criteria, expert letters providing third-party validation from recognized authorities, and thorough legal review to identify potential weaknesses before submission.
Alma's legal packages include RFE responses in all filing fees, with up to 3 attorney consultations per case.
Alma combines attorney expertise with technology to deliver best-in-class immigration services for founders and their companies.
Alma's core values align with founder priorities:
Alma's flat-rate fees are designed to eliminate billing surprises. O-1 new petitions are $8,000, with extensions and amendments at $3,000. H-1B cap and cap-exempt petitions are $3,500. L-1 initial new office petitions are $6,000. EB-1A, EB-1B, EB-1C, and EB-2 NIW petitions are each $10,000. For clients with an approved O-1, EB-1 and EB-2 NIW services are available at a reduced rate of $7,000. Administrative charges including FedEx, printing, and postage are included in all fees.
Alma's platform provides:
Get started with a free consultation to identify your optimal visa pathway.
Immigration policy evolves continuously. Founders may benefit from staying informed and building flexibility into their plans.
Areas to monitor include IER threshold adjustments, which auto-update every 3 years under the regulation (next scheduled: 2027, though the program's operational status remains uncertain); fee increases, with USCIS typically adjusting fees periodically (the next premium processing increase takes effect March 1, 2026); processing time fluctuations, which vary by classification and can be tracked at USCIS processing times; and potential new programs, as congressional action could create a dedicated startup visa.
Long-term considerations include awareness of multiple pathways (including backup options if a primary path changes), strong documentation habits (maintaining records of achievements for potential future applications), ongoing access to legal counsel for strategy updates, and compliance vigilance to ensure status never lapses.
Alma's content center and immigration guides provide ongoing resources to help founders stay informed as policies evolve.
The eight primary pathways for SaaS founders include O-1A (extraordinary ability), E-2 (treaty investor), International Entrepreneur Rule (parole, though its operational status is uncertain as of February 2026), L-1A (intracompany transfer), EB-2 NIW (national interest waiver), EB-1A (extraordinary ability green card), EB-5 (investor green card), and EB-1C (multinational manager green card). The appropriate choice depends on nationality, funding stage, achievements, and residency goals. Many venture-backed founders explore the O-1A due to its flexibility and historically high approval rates.
Yes, founders can self-petition through the EB-1A (extraordinary ability) and EB-2 NIW (national interest waiver) categories. Both pathways allow individuals to sponsor themselves without employer involvement. EB-1A requires demonstrating sustained national or international acclaim by meeting 3 of 10 evidentiary criteria. EB-2 NIW requires showing the work has substantial merit and national importance, the founder is well-positioned to advance it, and waiving the job offer requirement benefits the U.S. Neither requires minimum investment amounts.
Investment requirements vary dramatically across pathways. E-2 has no legally defined minimum, though practitioners typically recommend $100,000–$200,000 of personal capital at risk for tech startups. IER requires $311,071 from qualified third-party investors (effective October 1, 2024). EB-5 demands $800,000–$1,050,000 depending on location. Importantly, O-1A, EB-1A, and EB-2 NIW require no investment—they are entirely achievement-based. This distinction may be relevant for founders who have built track records without significant personal wealth.
Immigration law involves nuanced interpretation of criteria, strategic evidence presentation, and navigation of complex regulatory processes. Errors or omissions can result in denials, RFEs, or processing delays that affect business timelines. Attorneys who specialize in this area understand how to present SaaS founder achievements—venture funding, accelerator acceptance, technical contributions—in the context of specific visa criteria. Firms like Alma that combine attorney expertise with technology platforms aim to offer both legal quality and process efficiency.
Timelines range from 15 business days (O-1A and EB-1A with premium processing) to 24+ months (EB-5). E-2 consular processing typically takes 2–4 months. L-1A premium processing guarantees action within 15 business days. EB-2 NIW standard processing averages 15–21 months, with premium processing available at 45 business days. EB-1A standard processing averages 18–20 months. Government filing fees range from approximately $830 (small employers) to $4,900+ depending on visa type, employer size, and whether premium processing is elected. Premium processing fees are $2,805 through February 28, 2026, increasing to $2,965 on March 1, 2026. For the latest processing times, visit USCIS processing times.
Building immigration-ready teams involves systematic processes: implementing tracking systems for visa expirations and renewal deadlines, budgeting for sponsorship costs as part of compensation planning, factoring immigration status and processing timelines into hiring decisions, and partnering with legal providers who offer scalable solutions for growing teams. Platforms like Alma's business immigration services provide dashboards, compliance alerts, and HRIS integration to manage workforce immigration across 5 to 5,000+ cases.
Non-treaty country founders face additional constraints but have potentially viable pathways. The International Entrepreneur Rule was designed to address this gap (requiring $311,071 from qualified U.S. investors), though its current operational status is uncertain as of February 2026. O-1A and EB-1A are available to founders with strong achievement profiles regardless of nationality. L-1A serves founders expanding established foreign companies. EB-5 remains available for those with sufficient capital. The EB-2 NIW pathway also accepts applicants from any country, though processing times may be longer due to per-country visa quotas affecting adjustment of status.
