Solo founders without a US entity historically faced a significant barrier: there was no clear mechanism to be sponsored for a work visa by a company you owned, because the traditional employer-employee relationship could not be established. That changed in early January 2025, through two separate USCIS actions. A January 8, 2025 policy guidance update (USCIS Policy Manual Vol. 2, Part M, Ch. 3) clarified that beneficiary-owned entities may petition for O-1A visas, and the H-1B Modernization Rule (effective January 17, 2025, codified at 8 CFR 214.2(h)) confirmed in regulation that beneficiary-owned entities may petition for H-1B visas. These two developments opened unprecedented pathways for entrepreneurs. If you're building something extraordinary and need US market access, Alma's immigration services for individuals can help you identify the right visa strategy and execute it with a 99%+ approval rate.
The O-1A visa has emerged as a primary pathway for solo founders in 2026. Unlike the H-1B lottery system, the O-1A has no annual cap, no lottery, and provides initial validity of up to 3 years with extensions available in 1-year increments, with no cap on the total number of extensions.
A petitioner must demonstrate at least 3 of the following 8 criteria under 8 CFR 214.2(o)(3)(iii)(B):
A common misconception is that O-1A requires millions in VC funding. Immigration attorney Sophie Alcorn has noted in her TechCrunch "Ask Sophie" column (October 2023) that bootstrapping founders can qualify for O-1A without VC funding, pointing to evidence such as PhD scholarships, government grants, pitch competition wins, and service as a judge at hackathons as examples of qualifying evidence.
The O-1A has no educational requirements. Some founders have qualified based on their achievements alone, regardless of their formal education background.
For solo founders, the petition may come through two primary channels:
Alma offers O-1 New petitions for $8,000 with guaranteed 2-week document processing, covering attorney preparation, RFE responses, and platform access for case tracking.
The E-2 treaty investor visa provides one of the fastest paths for founders from approximately 80 treaty countries who have capital to invest.
E-2 eligibility depends on citizenship, not residence. Treaty countries include the UK, Germany, Japan, South Korea, France, Canada, Mexico, and Australia. Notably, the People's Republic of China and India do not have applicable E-2 treaties, limiting this pathway for founders who are nationals of those countries. (Taiwan maintains a separate treaty arrangement under the Taiwan Relations Act.)
While no legal minimum investment amount is set by statute, USCIS applies an "inverted sliding scale" test: the smaller the business, the higher the percentage of total investment the applicant must contribute. In practice, typical investment ranges include approximately $100,000 to $150,000 for e-commerce businesses, $150,000 to $200,000 or more for tech startups, and $75,000 to $125,000 for some service businesses.
The investment must be "at risk," meaning irrevocably committed to the enterprise and subject to partial or total loss. Loans secured by business assets generally do not qualify, but personal loans secured by foreign property may.
Benefits:
Limitations:
The EB-2 National Interest Waiver offers what many founders ultimately seek: permanent residency without employer sponsorship. The individual petitions on their own behalf, demonstrating that their work benefits the United States enough to waive the standard job offer requirement.
Under the Matter of Dhanasar framework (26 I&N Dec. 884, AAO 2016), the petitioner must establish:
EB-2 NIW requires either an advanced degree (master's or higher, or a bachelor's degree plus 5 years of progressive experience in the specialty, which is deemed equivalent under 8 CFR 204.5(k)(2)), or exceptional ability in the sciences, arts, or business.
As of February 2026, standard processing times for EB-2 NIW cases are approximately 18 to 21 or more months. Premium processing is available for the I-140 petition stage at a cost of $2,805 (increasing to $2,965 on March 1, 2026), with a processing timeframe of 45 business days (approximately 9 weeks), which is significantly longer than the 15 business day premium processing available for some other petition types.
Alma's EB-2 NIW services are $10,000, or $7,000 for founders with an approved O-1 petition, reflecting the evidentiary foundation already established.
The B-1 business visitor visa is not a work visa. It does not permit operating a US business, providing services, or receiving US-source income. However, it serves a function for founders in early stages.
Prohibited activities include:
The B-1 may serve as a bridge while a founder prepares a work visa petition or raises funding that may qualify for other pathways.
The January 2025 H-1B Modernization Rule (effective January 17, 2025, 8 CFR 214.2(h)) replaced the common-law employer-employee relationship test with a "bona fide job offer" plus legal presence standard, allowing entities owned by the visa beneficiary (with more than 50% ownership or majority voting rights) to file petitions. However, several important limitations apply:
Critical cost consideration: As of September 21, 2025, Presidential Proclamation 10973 imposes a $100,000 supplemental payment on all new H-1B petitions, in addition to standard USCIS filing fees. A federal court upheld this proclamation in December 2025. This dramatically increases the total cost of an H-1B petition and may make the H-1B pathway impractical for many solo founders.
Additionally, a weighted selection process rule takes effect February 27, 2026, which may further alter the H-1B landscape for founders.
The H-1B visa pathway may be most relevant for founders who have already been selected through the lottery via prior employment and wish to transfer their status to a company they own.
L-1 intracompany transfer visas require the individual to have worked for a related foreign entity for at least one continuous year within the past three years (INA § 101(a)(15)(L); 8 CFR 214.2(l)(1)(ii)(A)). Solo founders without existing international operations are generally unable to use this pathway initially, though it may become viable after establishing foreign subsidiaries.
The EB-1A category significantly overlaps with O-1A criteria but is not identical. EB-1A uses 10 criteria (under 8 CFR 204.5(h)(3)(i)-(x)), compared to O-1A's 8 criteria, with the petitioner required to meet at least 3. The two additional EB-1A criteria cover display of work at artistic exhibitions or showcases, and commercial successes in the performing arts. EB-1A also applies a higher evidentiary standard: the petitioner must demonstrate sustained national or international acclaim and be among the "small percentage who have risen to the very top" of their field (8 CFR 204.5(h)(2)).
As of February 2026, standard processing times for EB-1A cases are approximately 12 to 20 months. Premium processing is available for the I-140 petition at 15 business days at a cost of $2,805 (increasing to $2,965 on March 1, 2026). Alma offers EB-1A services for $10,000.
For petitions filed by founder-owned entities (O-1A and H-1B), proper board structure is an important element of the petition:
Delaware C-corps are commonly used because they provide a clear separation between ownership and management.
Investment-based visas scrutinize the origins of funds. Sources generally recognized as legitimate include personal savings with bank statements, property sales, inheritance documentation, business proceeds, personal loans secured by non-US assets, and gifts with proper documentation.
Every visa pathway requires comprehensive evidence. This typically includes business plans with financial projections, market analysis and competitive positioning, a personal CV and achievement documentation, letters of recommendation from industry experts, proof of funds and source documentation, and corporate formation documents.
Alma's startup immigration plan includes guided workflows, compliance tracking, and guaranteed 2-week document turnaround.
Processing times are approximate and subject to change. Current processing times can be checked at egov.uscis.gov/processing-times.
Alma's transparent pricing covers attorney work, paralegal support, compliance, and platform access. Government filing fees are additional.
Immigrant founders represent an outsized share of US innovation. Yet the immigration system remains complex, high-stakes, and unforgiving of errors.
Alma combines attorney expertise with technology to deliver:
Whether a bootstrapped technical founder exploring the O-1A or a funded entrepreneur weighing multiple options, Alma's lawyers provide personalized guidance from initial consultation through approval.
Ready to explore building in the US? Get started with Alma at tryalma.com/get-started.
Yes, but the pathway depends on the visa type. For O-1A, a US-based agent may petition on the founder's behalf while the US entity is being incorporated. E-2 requires the investment to be committed to a US enterprise, so the entity is typically formed as part of the application process. EB-2 NIW does not require any US entity, since the petition is based on the individual's intended work benefiting national interests. The January 2025 regulatory changes allow a founder-owned company to petition, even where the founder holds a majority ownership stake, provided proper governance structures exist.
While no legal minimum exists, practical thresholds depend on the business model. Service-based businesses sometimes succeed with $75,000 to $100,000, but e-commerce and tech startups typically require $150,000 to $200,000 to demonstrate a "substantial" investment. USCIS evaluates proportionality: if a business could reasonably be started with $500,000, a $50,000 investment would likely appear insufficient. The investment must be "at risk" and irrevocably committed, not held in escrow awaiting visa approval.
The H-1B Modernization Rule (effective January 17, 2025) replaced the common-law employer-employee relationship test with a "bona fide job offer" plus legal presence standard. Entities owned by the visa beneficiary (more than 50% ownership or majority voting rights) may now petition through that company. However, USCIS imposed integrity safeguards: 18-month validity (instead of the standard 3 years), enhanced site visit authority allowing unannounced inspections, and prevailing wage must be paid through actual payroll (equity compensation does not count). The lottery still applies. Additionally, as of September 21, 2025, Presidential Proclamation 10973 imposes a $100,000 supplemental payment on new H-1B petitions, making the H-1B significantly more expensive than it was when the Modernization Rule first took effect.
The International Entrepreneur Rule provides for up to 5 years of parole (2.5 years initial plus 2.5 years re-parole) for qualifying founders, but it carries significant limitations. Only 26 cases had been approved as of mid-2024 (per NFAP data), the program faces political uncertainty as a parole mechanism (not a visa), and thresholds are substantial: $311,071 from qualified US investors or $124,429 in government grants (both amounts CPI-U adjusted as of October 1, 2024). It may serve as a potential backup option for founders with strong funding but insufficient achievements for O-1A, rather than a primary strategy given its limited track record and uncertain future.
An RFE is an opportunity to strengthen a case, not a rejection. USCIS issues RFEs when initial evidence does not fully establish eligibility. The standard RFE response period is 84 days (under 8 CFR 103.2(b)(8)(iv)), with an additional 3 days when served by ordinary mail (per 8 CFR 103.5a(b)), for a total of 87 days in those cases. Alma includes RFE responses in its standard service fees, and its legal team has experience addressing RFE concerns to support case approval.
Yes, strategic visa sequencing is common for founders. Many start with E-2 or O-1A for immediate market access, then transition to EB-1A or EB-2 NIW for permanent residency once they have built a stronger track record. Alma offers discounted EB-1A and EB-2 NIW services ($7,000 instead of $10,000) for clients with approved O-1 petitions, reflecting the evidentiary foundation already established. The key is maintaining valid status throughout transitions and timing applications to avoid gaps.
