Best Visa Options for Series A Startup Founders

‍Your Series A just closed. You've raised $15 million, diluted to 8% ownership, and now face a critical question: which visa actually works when your equity is too diluted for certain programs and you need the stability to attract your next funding round? For startup founders, the visa landscape presents unique challenges that generic "entrepreneur visa" guides fail to address, including equity dilution, international hiring needs, and long-term green card planning, all of which call for careful strategy.

Key Takeaways

• The O-1A visa is a top choice for Series A founders, offering unlimited renewals, no equity requirements, and approximately 90 to 94% approval rates based on USCIS data for well-prepared cases
• The International Entrepreneur Rule (IER) requires 10% minimum ownership, which may disqualify many Series A founders whose equity has diluted below this threshold
• E-2 treaty investor visas reached a reported 54,364 issuances in FY2024 with approval rates generally in the range of 87 to 93%, though this category requires treaty country nationality
• Spouse work authorization is an important consideration for team relocation: L-1A and E-2 provide spousal work rights incident to status, while O-1A dependents (O-3 status) are not authorized to work
• Premium processing fees increase to $2,965 effective March 1, 2026 per the Federal Register final rule (91 FR 1059, published January 12, 2026), making early filing a potential cost consideration

Understanding the Entrepreneurial Visa Landscape for Series A

Series A founders face immigration challenges fundamentally different from those of typical employees or even earlier-stage entrepreneurs. The funding round that validates your business also triggers equity dilution that can disqualify you from certain visa categories. Meanwhile, investors may expect you to establish U.S. operations quickly, hire talent internationally, and demonstrate the stability needed for Series B fundraising.

The U.S. currently lacks a dedicated "startup visa" or "founder visa," which means entrepreneurs must fit into categories originally designed for other purposes. However, several pathways can work well for Series A founders when approached with a clear legal strategy.

Key Differences: Founder vs. Employee Visas

Traditional employment-based visas assume a clear employer-employee relationship, something founders inherently lack when they own the company. This creates complications:

• Control issues: USCIS scrutinizes whether a founder can truly be "employed" by their own company
• Equity requirements: Some programs demand minimum ownership stakes that Series A dilution may eliminate
• Sponsorship structures: Founders may need to establish independent boards or use agent petitioners

The most successful founder visa strategies tend to acknowledge these realities upfront and structure petitions accordingly.

Navigating Pre- and Post-Series A Funding Visa Paths

Visa options can shift based on timing:

Pre-Series A (higher equity):

• IER may be viable if ownership remains at 10% or greater
• Less evidence may be needed for "extraordinary ability" claims at this stage

Post-Series A (diluted equity):

• O-1A becomes a primary path regardless of equity percentage
• L-1A may be an option for those expanding from a foreign company
• Green card planning becomes increasingly relevant for long-term stability

O-1A Visa: The 'Extraordinary Ability' Pathway for Innovators

The O-1A visa has emerged as a leading option for venture-backed founders. Unlike programs that impose equity requirements, the O-1A focuses entirely on individual accomplishments, making it independent of Series A dilution concerns.

Key specifications:

• Government fees: $1,655 base ($1,055 I-129 + $600 Asylum Program Fee) for employers with more than 25 employees. Small employers (25 or fewer employees) pay reduced fees of approximately $830 ($530 I-129 + $300 Asylum Program Fee). Nonprofits are exempt from the Asylum Program Fee.
• With premium processing (before March 1, 2026): $4,460 total ($1,655 + $2,805 premium processing fee). For filings on or after March 1, 2026, the premium processing fee increases to $2,965, bringing the total to $4,620 for standard employers.
• Processing time: Approximately 7.5 to 9 months standard per USCIS processing time data; 15 business days (approximately 3 calendar weeks) with premium processing
• Initial validity: Up to 3 years with unlimited 1-year extensions
• Approval rate: Approximately 90 to 94% based on USCIS quarterly data (FY2023 to FY2025)

The O-1A requires meeting 3 of 8 criteria demonstrating extraordinary ability in sciences, business, or education, per 8 CFR 214.2(o)(3)(iii)(B). For Series A founders, the most commonly satisfied criteria include:

• Original contributions: Product or technology innovation of major significance to the field
• Critical role: Leading position at a distinguished organization
• High compensation: Equity packages or salary commanding a premium relative to peers in the field
• Membership: Acceptance to elite accelerators (Y Combinator, Techstars, Berkeley SkyDeck), which may serve as evidence of a critical or essential role at a distinguished organization or as comparable evidence of extraordinary ability. (Note: Accelerator acceptance does not fit neatly into the "membership in associations" criterion, as accelerators are programs rather than membership associations in the traditional USCIS sense.)
• Media coverage: Press in major publications (TechCrunch, Forbes, etc.)
• Judging: Serving on panels, advisory boards, or investment committees

Demonstrating Sustained National or International Acclaim

Series A funding itself can strengthen multiple criteria:

• Original contributions: Investors validated the innovation's market potential
• Critical role: The founder leads a company valued at millions
• Media coverage: Funding announcements often generate significant press

Strategies for Building a Strong O-1A Petition

The most successful O-1A petitions for Series A founders tend to emphasize:

1. Quantified impact: Revenue generated, users acquired, jobs created
2. Comparative positioning: How the applicant's achievements exceed those of peers in the field
3. Third-party validation: Awards, press coverage, expert testimonials
4. Advisory opinion letters: Credible industry experts confirming the applicant's standing

One notable structural point: an applicant's own company can file the O-1A petition when properly structured with independent board oversight, as confirmed by USCIS Policy Alert PA-2025-01 (January 8, 2025). This may eliminate the need for external sponsors while maintaining USCIS compliance.

Alma's O-1A legal services provide comprehensive petition preparation with a guaranteed 2-week document turnaround and 99%+ approval rate.

L-1A Visa: The Multinational Expansion Route

For Series A founders expanding a foreign company to the U.S., the L-1A intracompany transfer visa offers distinct advantages, particularly its historically strong approval rate (approximately 90 to 92% per recent USCIS data) and a direct path to permanent residence.

Key specifications:

• Government fees: $2,485 base ($1,385 I-129 + $600 Asylum Program Fee + $500 Fraud Prevention and Detection Fee). The $500 fraud prevention fee applies to initial L-1 petitions only, not extensions. Employers with 50+ employees where more than 50% hold H-1B or L-1 status may owe an additional $4,500 fee under Pub. L. 114-113.
• Processing time: 2 to 6 months standard per USCIS processing time data; 15 business days with premium processing
• Initial validity: 1 year for new offices; 3 years for established offices, then 2-year extensions up to 7 years total
• Green card path: EB-1C in approximately 12 to 24 months without PERM labor certification (for applicants from countries without significant visa bulletin backlogs). Note that EB-1C premium processing operates on a 45 business day timeline, not 15.

The L-1A requires:

• One year of employment abroad as a manager or executive within the past three years
• A qualifying corporate relationship (parent, subsidiary, or affiliate) between the foreign and U.S. entities
• A managerial or executive role at the U.S. company

The Spouse Work Authorization Advantage

Unlike O-1A dependents (O-3 status holders, who are not authorized to work), L-2 spouses are employment authorized incident to status and do not need to file a separate Form I-765 for an Employment Authorization Document (EAD). Since the November 2021 Shergill v. Mayorkas settlement and formal USCIS implementation in January 2022, CBP annotates L-2 spouse I-94 records with an "L-2S" designation that serves as proof of work authorization. This can be an important consideration for founders relocating with working partners.

EB-1C: A Fast Green Card Path for L-1A Holders

The L-1A creates a natural pathway to the EB-1C multinational manager green card. This route:

• Bypasses PERM labor certification entirely
• Typically completes in approximately 12 to 24 months for applicants from countries without significant visa bulletin backlogs
• Offers one of the fastest green card timelines available to most founders

Important distinction: Premium processing for EB-1C I-140 petitions operates on a 45 business day timeline, not the 15 business days that apply to O-1A and L-1A I-129 petitions.

Alma offers L-1A services at $6,000 for initial petitions, with extensions at $3,000.

E-2 Investor Visa: Leveraging Treaties for Business Entry

The E-2 treaty investor visa provides an option for Series A founders from treaty countries who can demonstrate substantial personal investment in their U.S. venture.

Key specifications:

• Government fees: For consular processing, the primary fee is approximately $315 (MRV/DS-160 fee) plus any country-specific reciprocity fee. For USCIS change-of-status filings, government fees total approximately $1,615 without premium processing. Attorney, business plan, and other professional service fees are additional and vary by provider. Overall costs (inclusive of professional fees) commonly range from $3,000 to $5,000 or more.
• Processing time: Approximately 2 to 4 months for consular processing; 4 to 6 months for USCIS change of status per USCIS processing time data. Premium processing (15 business days) is available for E-2 petitions filed through USCIS.
• Validity: 3 months to 5 years depending on the applicant's country of nationality, per the State Department reciprocity schedule
• Renewals: Unlimited as long as the business continues to operate
• Approval rate: Generally in the 87 to 93% range based on historical data, though exact rates vary by fiscal year and adjudication environment

Understanding 'Substantial Investment' for Series A

There is no legally defined minimum investment amount. The Foreign Affairs Manual (9 FAM 402.9) does not set a specific dollar figure. However, practitioners widely consider $100,000 or more a common practical benchmark, depending on business type. Approved cases have been obtained at lower amounts. The investment must be:

• At risk in a commercial enterprise
• Substantial relative to the total cost of the business
• Sufficient to ensure the investor's commitment

For Series A founders, personal funds invested alongside institutional capital may satisfy this requirement. The key is demonstrating that the investment is proportional and genuinely at risk.

E-2 Eligibility: A Country-Specific Approach

E-2 eligibility depends entirely on the applicant's citizenship. Approximately 80 to 85 countries maintain investor treaties with the U.S., but notable exclusions remain.

Top E-2 countries by issuance volume (FY2024):

• Japan: Approximately 14,366 to 15,521 issuances (sources vary by counting methodology)
• Germany: Strong performance
• France: Approximately 26% year-over-year growth over FY2023
• United Kingdom, Canada, South Korea

Countries without E-2 treaties (as of February 2026):

• India
• China
• Brazil

Founders from non-treaty countries would need to pursue alternative paths such as O-1A or L-1A. Alma's E-2 legal services help eligible founders structure their investment for maximum approval likelihood.

The International Entrepreneur Rule: Key Considerations

The International Entrepreneur Rule (IER) is a pathway specifically designed for startup founders. However, Series A founders should approach it with caution due to strict ownership requirements.

Key specifications:

• Government fees: $1,200 total (Form I-941 filing fee). Note: The $85 biometric services fee was eliminated by the April 1, 2024 fee rule, which incorporated biometrics costs into base filing fees.
• Processing time: Several months (no premium processing available for Form I-941)
• Validity: 30 months initial; 30-month extension possible (60 months maximum), per 8 CFR 212.19(d)(2) and (d)(3)
• Ownership requirement: 10% minimum for initial parole; 5% minimum for extension, per 8 CFR 212.19(a)(1) and (b)(1)(i)

Critical limitation: Many Series A founders own 5 to 15% post-dilution, potentially making IER inaccessible despite its marketing as the "startup visa."

The IER requires either:

• $311,071 from qualified U.S. investors, OR
• $124,429 in U.S. government grants

These amounts reflect the inflation adjustment effective October 1, 2024 (FY2025), per Federal Register rule 2024-16138. The next scheduled adjustment is in FY2028.

While these funding thresholds are easily met by Series A companies, the equity requirement creates the real barrier. If a Series A diluted the founder below 10% ownership, IER is not an option for initial parole, and if ownership falls below 5%, an existing parole cannot be extended.

Important: IER provides parole status, not a true visa, offering a different and potentially less stable form of authorization than alternatives like O-1A or L-1A. The IER notably allows up to three entrepreneurs per startup to receive parole, per 8 CFR 212.19(f), though the ownership minimums apply to each.

EB-1A and EB-2 NIW: Pathways to Permanent Residency

For Series A founders planning a long-term U.S. presence, employment-based green cards provide the ultimate stability. Two self-petition categories are particularly relevant: EB-1A and EB-2 NIW.

EB-1A: The Extraordinary Ability Green Card

The EB-1A green card shares evidentiary criteria with the O-1A visa but applies a more stringent standard. Series A founders who qualify for O-1A may have strong EB-1A cases as well.

Key specifications:

• Government fees (I-140 petition only): Approximately $1,015 for self-petitioners ($715 I-140 + $300 Asylum Program Fee) or $1,315 for employers with more than 25 employees ($715 I-140 + $600 Asylum Program Fee). With premium processing (45 business days), add $2,805 (or $2,965 for filings on or after March 1, 2026). Total government fees for the full green card process (I-140 + I-485 adjustment of status) are higher and depend on individual circumstances.
• Processing time: The I-140 petition alone typically processes in approximately 4 to 7 months standard per USCIS processing time data, with 45 business day premium processing available. The total green card process (I-140 + I-485 or consular processing) may take 12 to 24 months or more for applicants from countries without significant visa bulletin backlogs.
• Requirement: Meet 3 of 10 criteria demonstrating sustained national or international acclaim, per 8 CFR 204.5(h)(3)

The EB-1A offers critical advantages:

• Self-petition: No employer sponsor required
• No PERM: Skips labor certification entirely
• Permanent: Green card leads to citizenship eligibility after 5 years of permanent residence, per INA § 316(a)

EB-2 NIW: The National Interest Waiver

The EB-2 NIW provides broader eligibility than EB-1A for founders who can demonstrate their work benefits the U.S. national interest.

Key specifications:

• Government fees (I-140 petition only): Approximately $1,015 to $1,315 depending on petitioner type. With premium processing (45 business days, not 15), add $2,805 (or $2,965 for filings on or after March 1, 2026). The I-485 filing fee and other associated costs bring total government fees for the entire green card process higher. Total government fees vary based on the applicant's individual circumstances.
• Processing time: I-140 processing alone runs approximately 8 to 21 months based on practitioner reports per USCIS processing time data. Premium processing at 45 business days is available. Total green card completion depends on visa bulletin availability. (Important: The 45 business day premium processing window for EB-2 NIW is three times longer than the 15 business day window for O-1A and L-1A petitions.)
• Requirement: Advanced degree or exceptional ability; work of substantial merit and national importance, per the Matter of Dhanasar framework (26 I&N Dec. 884, AAO 2016)

The three-prong Dhanasar test (preserved in the January 15, 2025 USCIS Policy Manual update) requires showing:

1. The proposed endeavor has substantial merit and national importance
2. The applicant is well-positioned to advance the endeavor
3. On balance, it benefits the U.S. to waive the job offer requirement

For Series A founders, demonstrating national interest often involves:

• Job creation projections
• Economic impact of the technology or business model
• Advancement of critical industries (AI, clean energy, healthcare, etc.)

The January 2025 USCIS Policy Manual update explicitly recognizes accelerator acceptance as evidence for Prong 2 (well-positioned to advance the endeavor).

Caution for India/China nationals: EB-2 NIW faces significant visa backlogs for these countries, potentially adding many years to the timeline. EB-1A may offer better priority dates in some cases, though backlogs affect both categories to varying degrees.

Alma assists with EB-1A and EB-2 NIW petitions for $10,000, or $7,000 if an O-1 is already approved.

Series A Funding and Visa Strategy: Key Considerations

A Series A isn't just capital; it can serve as evidence that strengthens visa petitions when properly documented.

How Funding Rounds Can Strengthen a Case

Series A funding can provide concrete support for multiple visa criteria:

• Business validation: Major investors confirmed the model's viability
• Media coverage: Funding announcements generate press citations
• Industry recognition: VC backing signals peer acknowledgment
• Economic impact: Projected job creation and revenue growth

Aligning Visa Timelines with Funding Milestones

Many founders coordinate immigration strategy with fundraising:

Pre-Series A:

• File O-1A using accelerator acceptance and early traction
• Consider IER if equity remains above 10%

During Series A:

• Update pending petitions with funding evidence
• Begin green card planning for Series B stability

Post-Series A:

• Pursue EB-1A or EB-2 NIW using the comprehensive achievement record
• Structure L-1A if expanding international operations

Immigration Due Diligence for Investors

VCs increasingly evaluate immigration status during due diligence. Key concerns include:

• The founder's current visa status and expiration dates
• Path to work authorization continuity
• Green card timeline relative to exit horizons
• Key employee visa dependencies

Addressing these proactively demonstrates operational sophistication and may reduce investor risk perception.

Compliance and Best Practices for Founder Visa Petitions in 2026

USCIS scrutiny of founder petitions has intensified. Proper corporate structure and documentation are essential for strong petitions.

Maintaining Strong Corporate Governance

For founders petitioning through their own company:

• Independent board: Establishing directors who can exercise control over the founder-employee relationship
• Employment documentation: Formal offer letters, employment agreements, and organizational charts
• Compensation records: Clear salary or equity compensation structures
• Job descriptions: Detailed role documentation distinguishing founder duties from employee responsibilities

Preparing for Requests for Evidence (RFEs)

RFEs are common in founder cases. Proactive preparation includes:

• Anticipating USCIS questions: Documenting the employer-employee relationship thoroughly
• Gathering supporting evidence: Third-party validations, expert letters, media coverage
• Maintaining audit trails: Records of board decisions, compensation changes, role evolution

Alma's business immigration platform provides built-in compliance trackers, proactive alerts, and audit-ready records that can prove valuable during RFE responses.

The Role of Legal Expertise: Why Partnering with Immigration Lawyers Matters

Founder visa cases involve substantially more complexity than standard employment petitions. The stakes, including the ability to build and operate a company in the U.S., call for expert guidance.

What Experienced Immigration Counsel Provides

• Strategy selection: Identifying the optimal visa pathway for a specific situation
• Evidence development: Structuring documentation to strengthen approval likelihood
• Petition drafting: Crafting persuasive narratives that satisfy USCIS requirements
• RFE response: Rapidly addressing government inquiries with comprehensive evidence
• Timeline management: Coordinating processing with business milestones

Why Alma Delivers Superior Outcomes for Startup Founders

Alma combines seasoned attorney expertise with technology-enabled efficiency specifically designed for high-skilled talent and company-sponsored visas. For Series A founders, this translates to:

• 99%+ approval rate: Industry-leading success backed by meticulous preparation
• Guaranteed 2-week turnaround: Fast document processing when timing matters
• Transparent flat-rate pricing: No hidden fees
• Free consultations: Expert guidance before commitment
• Partner VC relationships: Special pricing for founders from Y Combinator, Techstars, and other accelerators

Alma's Startup Immigration Plan offers streamlined legal help tailored specifically to founder needs, from initial visa through green card.

Ready to explore your U.S. immigration pathway? Get started with a free consultation.

Frequently Asked Questions

What happens if a visa petition is denied? Is it possible to appeal or refile?

Denial is not necessarily the end of the road. Options may include filing a motion to reopen or reconsider with USCIS, or submitting a new petition with strengthened evidence addressing the denial reasons. Many denials result from insufficient documentation rather than fundamental ineligibility. Alma's Growth and Enterprise plans include one free refile for initial denials or comprehensive RFEs, providing additional security for complex founder cases.

Is it possible to switch between visa categories while in the U.S.?

In many cases, a change of status between nonimmigrant categories can be filed without leaving the U.S. For example, an E-2 holder may file for O-1A status, or an O-1A holder may file for L-1A if circumstances change. However, timing matters: valid status must be maintained throughout the process, and some changes require more documentation than others. Premium processing can expedite these transitions when business needs demand speed.

How does a co-founder's immigration status affect company operations?

Co-founder immigration creates interdependencies that merit proactive attention. If one co-founder holds precarious status, the company may face disruption risks that concern investors. Multiple founders can file separate petitions, with different visa categories potentially appropriate for each based on individual qualifications. IER notably allows up to three entrepreneurs per startup to receive parole (per 8 CFR 212.19(f)), though the 10% ownership minimum applies to each.

Is a salary required to qualify for work visas?

Compensation requirements vary by visa type. O-1A petitions can benefit from demonstrating "high salary or remuneration," which is one of the eight criteria. E-2 requires the business to be "more than marginal" (capable of providing income beyond just owner sustenance). L-1A compensation is expected to reflect managerial or executive standing. Generally, documented compensation strengthens petitions, though equity compensation can also demonstrate value in many cases.

What visa pathway is generally considered for applicants from India or China seeking permanent residence?

India and China nationals face significant green card backlogs in most employment-based categories. EB-1A typically offers better priority dates than EB-2 NIW for these countries, making it a common choice despite its higher evidentiary bar, though backlogs affect both categories to varying degrees. The O-1A provides temporary status while building an EB-1A evidence portfolio. Some founders explore EB-5 investor visas as an alternative, though the $800,000 (TEA) to $1,050,000 (non-TEA) investment requirement (set by the EB-5 Reform and Integrity Act of 2022, with the next CPI-U adjustment scheduled for January 1, 2027) makes this impractical for most. Consulting with experienced immigration counsel to model specific timeline scenarios is essential for founders from backlogged countries.