U.S. Immigration for Founders

Find the Right U.S. Visa for Your Startup

The O-1A Extraordinary Ability Visa 

The O-1A is a temporary, non-immigrant visa designed for individuals who can demonstrate extraordinary ability in the sciences, business, education, or athletics. It is especially attractive for startup founders because it avoids the H-1B lottery, offers initial approval for up to three years, and can be renewed indefinitely in one-year increments. Dependents (spouses and unmarried children under 21) may also accompany the visa holder under O-3 status. 

Qualifying evidence can include venture capital funding, patents, significant press coverage, or leadership roles in high-growth companies. With an initial stay of up to three years and the option for unlimited extensions, the O-1 offers flexibility and speed, especially with premium processing available for approvals in 15 days. 

The O-1A Process 

Obtaining an O-1A involves two key stages: 

1. Petition Filing (Form I-129) – Submitted to U.S. Citizenship and Immigration Services (USCIS) with documentation of your extraordinary achievements. 

2. Consular Processing or Change of Status – After USCIS approval, applicants either complete the process abroad at a U.S. consulate or file to change status if already in the U.S. 

Key USCIS Update for Entrepreneurs 

USCIS now allows O-1 visa petitions to be filed by a company owned by the beneficiary. While applicants still cannot self-petition, a corporation or LLC they own may act as the petitioner. This change reduces reliance on outside sponsors and gives founders, entrepreneurs, and independent professionals greater control over their immigration process. 

Learn more: USCIS Updates Guidance for O-1 Visa Eligibility 

See if you qualify for the O-1

Complete our questionnaire to see if you qualify for the O-1 visa.

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E-2 Treaty Investor Visa  

The E-2 visa allows nationals of treaty countries to develop and direct a business in the United States. To qualify, applicants must make a “substantial” and non-marginal investment that ensures the business has the capacity to grow and generate income. 

This visa is typically valid for two to five years, depending on the treaty country. It can also be renewed indefinitely if the business continues to operate and meets the visa requirements. This makes the E-2 an attractive option for entrepreneurs who want to build or expand their companies in the U.S. 

Another major advantage of the E-2 visa is that it benefits the whole family. Spouses are eligible for work authorization, and children under 21 can accompany the investor to live and study in the United States.  

The E-2 Process 

• Prepare the Investment & Business Plan: Show evidence of a substantial, at-risk investment in a U.S. enterprise. A strong business plan is critical. 

• File the Application: Most applicants file directly with a U.S. consulate abroad, although a change of status may be possible from within the U.S. 

• Consular Interview & Visa Issuance: After review, the U.S. consulate will conduct an interview and, if approved, issue the visa for an initial two to five years. 

Why the E-2 Visa Matters for Startups

For founders from treaty countries, the E-2 is often a highly attractive nonimmigrant visa option. It combines flexibility, renewable status, and direct involvement in business operations, making it a leading pathway for entrepreneurs building companies in the U.S. 

Discover the full E-2 visa eligibility requirements in our guide. 

Check your E-2 visa eligibility

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L-1 Visa for Executives, Managers, and Specialized Workers 

The L-1 visa, also known as the intracompany transferee visa, allows foreign companies to transfer qualified employees to the United States to work in executive, managerial, or specialized knowledge roles. The U.S. entity must have a qualifying relationship with the foreign company (such as a parent, subsidiary, branch, or affiliate), and the petition must be filed by the employer on behalf of the employee. 

There are two types of L-1 visas: 

• L-1A Visa: For executives and managers, with a maximum stay of seven years. 

• L-1B Visa: For specialized knowledge workers, with a maximum stay of five years. 

In both cases, spouses and unmarried children under 21 may accompany the visa holder, and spouses are eligible to apply for work authorization.  

L-1 Visa Process 

1. Employer Petition (Form I-129 with L Supplement): The U.S. company files the petition with USCIS, documenting the qualifying relationship and the employee’s executive, managerial, or specialized knowledge role. 

2. USCIS Review: If approved, applicants outside the U.S. complete consular processing; those already in the U.S. may request a change of status. 

3. Visa Issuance and Entry: Once granted, the employee may begin working at the U.S. office. 

Why the L-1 Matters for Startups 

The L-1A is particularly valuable for startup founders who already operate a business abroad and want to establish or expand a U.S. office. It also provides a direct pathway to permanent residence through the EB-1C multinational executive or manager green card category. Unlike the E-2 visa, the L-1 does not require a treaty country relationship or a specific investment threshold, making it accessible to a wider range of entrepreneurs who want to leverage their existing foreign company to enter the U.S. market. 

Discover how the L-1 visa can support your company’s U.S. expansion.  

Note – E-3 Visa for Australian Nationals: In addition to the O-1, E-2, and L-1 visas, there is also the E-3 visa, which is available exclusively to Australian citizens. The E-3 allows Australians to work in the U.S. in specialty occupations, similar to the H-1B. It is initially granted for two years and can be renewed indefinitely in two-year increments. Spouses and children under 21 may accompany the visa holder, and spouses are eligible to apply for work authorization. 

Green Card Pathways for Founders 

For entrepreneurs who wish to make the U.S. their permanent home, several immigrant visa categories are available. These options allow founders to obtain permanent residence (a Green Card), though the process is more complex and typically involves two stages: the immigrant petition and the adjustment of status (or consular processing). 

• EB-1A (Extraordinary Ability Green Card) – Reserved for individuals at the very top of their field in business, science, education, or the arts. This category allows for self-petitioning, meaning founders do not need an employer sponsor. Processing times are often faster than other employment-based categories. Evidence can include awards, media coverage, patents, venture capital funding, or leadership roles in high-growth startups. 

• EB-1C (Multinational Managers & Executives) – For founders or executives who have been employed abroad by a qualifying company and are now moving to a U.S. office of the same organization. The U.S. entity must have been in operation for at least one year, and the petitioner must have worked for the company outside the U.S. for at least one of the past three years. 

• EB-2 National Interest Waiver (NIW) – A flexible option for entrepreneurs who can demonstrate that their work will substantially benefit the U.S. economy, workforce, or national interest. The EB-2 NIW allows founders to self-petition without requiring a job offer or labor certification, making it especially attractive for startup leaders in fields such as technology, healthcare, renewable energy, and other areas of innovation. 

Note: Obtaining a Green Card is a multi-step process and can take a long time. However, these categories offer promising pathways for founders who want to establish permanent roots in the United States. 

The Startup Visa Process Made Simple 

Navigating U.S. immigration can feel overwhelming, but with Colombo & Hurd the process becomes clear and manageable: 

• Step 1: Determine Eligibility 
  We review your background, business plan, and goals to identify the visa category that best fits your situation. 

• Step 2: Prepare Documentation 
  Our attorneys gather and organize strong evidence, such as funding, press, patents, or executive roles, to build a compelling application. 

• Step 3: File the Petition 
  We submit all required forms and supporting documents to USCIS, carefully managing deadlines, fees, and compliance requirements. 

• Step 4: Stay Compliant 
  Once your visa is approved, we guide you through renewals, extensions, or a transition to permanent residency so your business can continue to grow without interruption. 

The Colombo & Hurd Approach  

At Colombo & Hurd we begin by strategizing a tailored plan for your business. We then prepare your case with the strongest possible evidence, file efficiently and accurately, and work with you to win approval. Beyond securing a visa, we remain partners as your company grows and your immigration needs evolve. 

Our mission is to empower professionals and investors to achieve their immigration dreams in the United States. With an unwavering commitment to excellence, integrity, and client success, we deliver life-changing results, one professional, one family, and one case at a time. 

Frequently Asked Questions 

Can my startup sponsor employees? 

Yes. Once established, your U.S. entity can sponsor key hires. Colombo & Hurd helps founders remain compliant with sponsorship requirements and U.S. labor laws while building their teams.

Do I need a certain level of funding to qualify for a startup visa? 

Some visas, like the O-1A, do not require a minimum investment, while others, such as the E-2 treaty investor visa, require a substantial investment to operate the business. The right pathway depends on your financial situation and business plan.

Can I get a Green Card through my startup? 

Yes. Options such as the EB-1A, EB-1C, and EB-2 NIW allow entrepreneurs to transition from temporary visas to permanent residence. These categories focus on your accomplishments, your role as a founder, and the national importance of your work.

What happens if my visa expires before I get a Green Card? 

You may be able to extend your current visa, change to another status, or begin the Green Card process. Acting early is critical, our attorneys ensure you remain compliant and avoid gaps in status.

How long does the startup visa process take? 

Timelines vary by visa type. For some categories, such as the O-1A, the initial petition can be expedited in as little as 15 business days with premium processing. However, the full process usually involves both the immigrant petition and either adjustment of status or consular processing, which in some categories can take many months or even several years.

Can my family come with me? 

Yes. All of these visas allow dependents (a spouse and unmarried children under 21) to accompany you. Some, such as the L-1 and E-2, also allow the spouse to apply for work authorization.

If you’d like to discuss your options and start building your company’s future in the United States, we offer a free evaluation here.  

Entrepreneurship in Action: Client Success Stories 

E-2 Visa Approval for German Investor in Florida Media Company 

From Frankfurt to Florida, a German entrepreneur and his family achieved E-2 visa approval in 2025 to establish a media company dedicated to space exploration. His digital platform, with more than 226,000 followers and 41 million views, has become a trusted global source for aerospace education and live event coverage. The client’s substantial investment, combined with full ownership and active management, satisfied treaty investor requirements. With approval granted, he is now expanding his creative enterprise from Florida to a broader U.S. audience. 

EB-2 NIW Approval for Canadian Entrepreneur Driving Small Business Growth 

A Canadian business consultant  business strategy consultant secured EB-2 National Interest Waiver approval on August 19, 2025, opening the door to expand her proven framework for strengthening small and medium-sized enterprises. Over nearly twenty years, she has driven revenue growth of more than 600 percent, earned national awards for entrepreneurship, and guided companies through major transitions. Colombo & Hurd attorneys reframed her petition to emphasize nationwide economic benefits, overcoming USCIS concerns about scope. With approval in place, she is preparing to establish a consulting office in North Carolina, where her methodology will support job creation and resilient business growth across industries. 

O-1A Approval: Expanding an International Legal Venture to the U.S. 

The O-1A visa is available to entrepreneurs and founders across many industries. If you’re building something innovative and want to bring your work to the United States, Colombo & Hurd can help you explore this pathway.  We have secured O-1 visa approvals for a wide range of professions, including this attorney seeking to grow a global legal practice. Our client, an accomplished Russian attorney specializing in cross-border litigation and arbitration secured an O-1A visa approval in July 2025. His work connects multinational corporations and sovereign entities to effective dispute resolution strategies across jurisdictions. Senior Immigration Attorney Mandy Nease, a former USCIS officer, led the strategy, presenting evidence of his leadership at a premier international law firm, original contributions to complex cases, published insights, media recognition, and top-tier compensation. With premium processing and thorough consular preparation, both he and his spouse were granted visas, paving the way to expand his entrepreneurial legal services and support global clients from a U.S. base.