What Are the Best U.S. Visa Options for Tech Startup Founders?
For foreign entrepreneurs looking to establish business in the United States of America, it’s essential to know that you have several immigration options available to you. However, the American immigration system is complicated and constantly changing, so it is advisable to seek professional legal representation from experienced immigration lawyers for assistance throughout the immigration process. Foreign tech entrepreneurs have several immigration pathways, including EB-1A, EB-2 NIW, O-1, L-1, E-2, and H-1B visas. What type of immigrant visa is the right legal option for you will depend on your unique situation.
Every visa category in the USA has unique criteria for eligibility and benefits for applicants. While the U.S. does not have a dedicated startup visa, foreign entrepreneurs can use various existing visa categories to establish and scale their tech businesses.
The benefits of considering expanding or relocating to the U.S. market as a foreign entrepreneur in the tech industry include the following:
- Access to top talent. The U.S. offers a diverse and highly skilled workforce, particularly in tech.
- Strong investment ecosystem. To secure funding, entrepreneurs can connect with angel investors, venture capital firms, and accelerators.
- Global networking opportunities. Founders can collaborate with industry leaders, mentors, and business partners in major tech hubs.
- Path to permanent residency. Several visa options, like EB-1A and EB-2 NIW, offer a route to a green card for long-term business growth.
- Robust intellectual property (IP) protection. The U.S. provides strong legal frameworks for patents, trademarks, and copyrights.
- Thriving startup ecosystem. With innovation hubs like Silicon Valley, New York, and Austin, entrepreneurs benefit from resources, talent, and collaboration.
- Market expansion and scalability. The U.S. economy offers opportunities for startups to scale and expand globally.
EB-1A Visa for Startup Founders: Do You Qualify for a Green Card?
The EB-1A visa was designed for those who have demonstrated national or international acclaim in their field. To qualify for this type of visa, foreign applicants must demonstrate an extraordinary ability in their field, which can be shown through extensive documentation that recognizes their achievements.
To qualify for an EB-1A green card, you must demonstrate sustained national or international acclaim in your field, indicating that you are one of the small percentage who have risen to the top of your field. This can be achieved through
- evidence of national or international awards,
- significant original contributions,
- leadership roles at distinguished organizations,
- national or international awards,
- scholarly publications,
- patented impactful inventions,
- memberships in highly selective professional organizations,
- media coverage,
- and other forms of recognition in your field.
To be eligible for this type of visa, foreign entrepreneurs must demonstrate a wealth of evidence to prove their value to the country. For legal assistance, please get in touch with our immigration law firm.
EB-2 NIW for Entrepreneurs: How to Self-Petition
If you have an advanced degree or exceptional ability and can demonstrate that your work benefits the United States, you may qualify for the EB-2 National Interest Waiver (NIW). This option allows you to bypass the labor certification process if your contributions significantly benefit the national interest.
For EB-2, the US government requires a qualifying job offer and a PERM labor certification. If your proposed tech startup endeavor is shown to benefit the US national economy, the government may waive these requirements, meaning you can self-petition and obtain lawful permanent residency in the US without a sponsor or labor certification.
For tech entrepreneurs, this typically applies if their startup:
- Addresses a critical national need (e.g., AI-driven cybersecurity, healthcare innovations, clean energy solutions);
- Creates jobs and contributes to economic growth in the U.S.;
- Advances technology or research in ways that strengthen U.S. competitiveness;
- Solves public interest challenges (e.g., climate change, financial inclusion, public health).
If the startup’s success has a broad positive impact beyond the company itself, this category may be for you!
Documentation required to apply for an EB-2 NIW includes the following:
- A detailed resume;
- A thorough business plan for your tech startup venture;
- Copies of academic transcripts, college diplomas, and degrees;
- Documentation that can serve as evidence that your tech startup will benefit the United States;
- Evidence of your contributions and the impact on your field;
- Form I-140, the immigrant petition for alien workers, which must be submitted with all other relevant documents to the appropriate USCIS office;
- Letters of recommendation from managers, supervisors, co-workers, business partners, clients, co-founders, investors, or other experts who can attest to your achievements and abilities.
O-1 Visa for Entrepreneurs: How to Prove Extraordinary Ability
O-1 visas allow foreign entrepreneurs to work temporarily in the U.S. while demonstrating extraordinary ability in their field. These achievements and extraordinary abilities could be found in business, education, science, athletics, arts, motion pictures, or television.
There are several different types of O-1 visas available to foreign entrepreneurs. The O-1A visa is great for the startup founders, while their spouses or children can get O-3.
Documentation that may prove your eligibility for an O-1A visa includes awards, a high rank or title in your business, respectable certifications and degrees, and proof of outstanding or significant research. The O-1A shares the same legal criteria as the EB-1A green card, but the adjudication process for EB-1A is more complex and usually requires more objective documentary evidence.
If you pursue permanent residency, we advise beginning with an O-1A visa, building a strong case, and transitioning to an EB-1A. Getting an O-1A visa approved demonstrates to the USCIS that you generally meet the extraordinary ability standard.
L-1 Visa for Startup Founders: How to Expand Your Business to the U.S.
L-1 visas are among the many employment-based visas available in the United States immigration system. This type of visa is for foreign managerial employees with specialized abilities and experience looking to work for a related business entity within the United States. Entrepreneurs can use an L-1A visa to transfer to a newly established U.S. office if they have managed a qualifying foreign business for at least one year.
There are three types of L visas. The L-1A is for intracompany transferees and entrepreneurs, the L-1B is for foreign nationals with unique or specialized knowledge, and the L-2 is an accompanying visa for spouses and children under age 21.
Documentation that may help you qualify for an L-1A visa as a tech entrepreneur includes the following:
- A business license;
- Articles of incorporation;
- Business promotional materials;
- Contracts or documents that detail relationships and corporate filings describing a corporate relationship;
- Evidence that proves past business transactions, such as letters of credit;
- Organizational charts and business plans that establish proof that the entrepreneur or intracompany transferee has unique knowledge or has served in a managerial role;
- Statements from authorized representatives detailing ownership and control of a tech startup;
- Stock certificates.
E-2 Visa: Invest in a U.S. Business and Work Legally
An E2 is a non-immigrant investor visa for nationals of treaty countries. Whether you choose to invest in an existing enterprise, launch a new business, or buy into an existing business franchise, this visa provides an option for foreign investors looking to work and reside legally in the United States. While the E-2 visa allows entrepreneurs to live and work in the U.S., it does not provide a direct path to a green card. However, some entrepreneurs later transition to EB-1A or EB-2 NIW.
In addition to meeting the other eligibility requirements, such as being a national of a country with a treaty for commerce and navigation with the United States, applicants must provide the following evidence:
- The enterprise you are investing in must be legitimate;
- You must be a citizen of a foreign country that has an existing treaty of commerce with the United States government and economy;
- You must either have already invested or actively be in the process of investing a substantial amount of capital in a bona fide enterprise within the United States;
- You must have legal control and authority over the investment funds;
- Your entry into the United States must be to develop or invest in a new or existing enterprise;
- Your investment must be irrevocable and committed to the business opportunity.
If you reside abroad, you can apply through a United States embassy or consulate. If you are already in the United States, you can file for an adjustment of status with the USCIS.
Can Startup Founders Use an H-1B Visa? Key Requirements & Challenges
The H-1B visa is for those with specialty occupations. It allows U.S. companies to employ foreign workers, provided they have unique abilities in specialized fields. H-1B can be used for tech startup founders with a structured employer-employee relationship (such as a board of directors overseeing their role).
Requirements include the following:
- A bachelor’s degree or higher in a specific area of specialty;
- A labor condition application;
- A qualifying job offer from a US employer in the special occupation (the open job position must require at least a bachelor’s degree);
- Form I-129.
Need a visa for your tech startup?
As you can see, there are many options available for foreign tech entrepreneurs looking to relocate to the United States of America to pursue the American dream and build their businesses. The application process can be complicated, and applicants are advised to retain professional legal representation from experienced immigration law attorneys.
Our Seattle-based immigration law firm has extensive experience representing foreign nationals in complex immigration cases. Click here to book a consultation, or call us at +1 206-558-6288.