Best Visa Options for Solo Founders Without a US Entity

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.

O-1A Visa: The Extraordinary Ability Pathway for Solo Founders

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.

Meeting the Extraordinary Ability Criteria

A petitioner must demonstrate at least 3 of the following 8 criteria under 8 CFR 214.2(o)(3)(iii)(B):

• Receipt of nationally or internationally recognized prizes or awards for excellence
• Membership in associations that require outstanding achievements of their members
• Published material in professional or major trade publications or major media about the individual
• Participation as a judge of the work of others in the same or an allied field
• Original scientific, scholarly, or business-related contributions of major significance
• Authorship of scholarly articles in professional journals or other major media
• Employment in a critical or essential capacity for organizations with a distinguished reputation
• A record of commanding a high salary or other significantly high remuneration

Bootstrapped Founders Can Qualify

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.

Structuring an O-1A Petition

For solo founders, the petition may come through two primary channels:

• Agent sponsorship: A US-based agent files on the founder's behalf, managing activities across multiple clients.
• Own company petition: The founder's incorporated US entity petitions with independent board governance in place.

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.

E-2 Investor Visa: Establishing a US Business as a Solo Founder

The E-2 treaty investor visa provides one of the fastest paths for founders from approximately 80 treaty countries who have capital to invest.

Treaty Requirements and Substantial Investment

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.

E-2 Benefits and Limitations

Benefits:

• Processing times of approximately 2 to 6 months through consular processing.
• Two-year periods of authorized stay (admission period per the I-94), with unlimited renewals. Note that actual visa stamp validity varies by country based on reciprocity schedules.
• Spouse receives employment authorization incident to status (E-2S classification, effective since November 12, 2021), with no separate EAD application required.
• Children may attend US schools.

Limitations:

• No direct path to a green card.
• Must maintain nonimmigrant intent.
• Limited to treaty country nationals.

EB-2 NIW: A Green Card Pathway for Solo Founders

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.

The Three-Prong Test

Under the Matter of Dhanasar framework (26 I&N Dec. 884, AAO 2016), the petitioner must establish:

1. Substantial merit and national importance: The proposed endeavor has significance beyond personal benefit.
2. Well-positioned to advance the endeavor: The petitioner's background, education, skills, and track record demonstrate capability.
3. On balance, beneficial to waive the job offer requirement: Requiring a job offer (and thus a labor certification) would be impractical given the nature of the contribution.

Qualification Requirements

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.

B-1 Visa: Initial Exploration and Market Research

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.

• Attending conferences and meetings.
• Negotiating contracts (but not performing work under them).
• Conducting market research.
• Meeting with investors.
• Exploring business opportunities.

Prohibited activities include:

• Operating a business.
• Providing services to US clients.
• Any productive work.

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.

Beyond the Basics: H-1B, L-1, and EB-1A Options

H-1B: Now Possible for Founder-Owned Entities, But With Significant Limits

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:

• 18-month maximum validity for both the initial petition and the first extension (compared to the standard 3-year period), per 8 CFR 214.2(h)(9)(iii)(E).
• Standard annual cap of 65,000 (INA § 214(g)(1)(A)) plus 20,000 for holders of US master's degrees or higher (INA § 214(g)(5)(C)).
• The lottery system remains in place. According to NFAP data for FY 2025, 61% of the 28,277 employers approved for at least one new H-1B petition were approved for only one, reflecting the prevalence of smaller employers in the H-1B system.
• Prevailing wage must be paid through actual payroll. Equity compensation does not satisfy the wage requirement.
• Enhanced USCIS site visit authority includes unannounced inspections, including at home offices.

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: Requires Existing Foreign Operations

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.

EB-1A: The Extraordinary Ability Green Card

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.

Key Considerations for All Solo Founder Applications

Corporate Governance

For petitions filed by founder-owned entities (O-1A and H-1B), proper board structure is an important element of the petition:

• Appointing independent directors or establishing a board with meaningful oversight.
• Ensuring directors are not financially or personally dependent on the founder.
• Documenting authority through bylaws, operating agreements, and board resolutions.
• Maintaining meeting minutes reflecting real governance activities.

Delaware C-corps are commonly used because they provide a clear separation between ownership and management.

Source of Funds

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.

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.

Navigating Timelines, Fees, and Legal Support

Processing Times (as of February 2026)

Processing times are approximate and subject to change. Current processing times can be checked at egov.uscis.gov/processing-times.

• O-1A: Standard processing approximately 3 to 6 months. Premium processing: 15 business days.
• H-1B: Standard processing approximately 3 to 6 months. Premium processing: 15 business days.
• E-2 (consular): Approximately 2 to 6 months, varying by consulate.
• EB-2 NIW: Standard processing approximately 18 to 21+ months. Premium processing (I-140 stage): 45 business days.
• EB-1A: Standard processing approximately 12 to 20 months. Premium processing (I-140 stage): 15 business days.

Government and Legal Fees

Alma's transparent pricing covers attorney work, paralegal support, compliance, and platform access. Government filing fees are additional.

Alma Immigration: A Partner for Founder-Friendly Immigration

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:

• 99%+ approval rate across visa categories.
• Guaranteed 2-week document turnaround.
• Flat-rate pricing with no hourly billing surprises.
• Real-time case tracking through a dedicated platform.
• RFE responses included in service fees.
• Free consultations to assess potential pathways.

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.