U.S. Immigration Options for Entrepreneurs & Startup Founders

About 5.2 million new business applications were filed in the United States in 2024, according to U.S. Census Bureau Business Formation Statistics. Many of the people behind these ventures were trained, or built their first companies, outside the United States. For a founder who wants to work or live here, the practical question is which immigration pathway fits. 

Entrepreneurs and startup founders can pursue U.S. work authorization or permanent residence through several routes. These fall into four groups: self-petition green cards, temporary work visas, employer-sponsored green cards, and investment-based options. Which one fits depends on your degree, the stage and structure of your company, whether an employer or a treaty country is involved, and your long-term goals.  

Immigration Options as an Entrepreneur or Startup Founder 

Founders may pursue different pathways depending on their background and how their company is set up. The tables below group the main options by category. Each pathway is explained in more detail in the sections that follow. 

Self-Petition Green Cards 

Pathway	Employer Sponsor Required?	Key Feature
EB-2 National Interest Waiver (NIW)	No	A green card for advanced-degree professionals, or those with exceptional ability, whose work has national importance. The waiver removes the job offer and PERM labor certification requirements.
EB-1A (extraordinary ability)	No	A self-petition green card for individuals with sustained national or international acclaim in their field. No job offer or labor certification is required.

Temporary Work Visas 

Pathway	Employer Sponsor Required?	Key Feature
O-1A (extraordinary ability)	Yes (employer or agent)	For individuals with a documented record of extraordinary ability. No annual cap or lottery. A founder-owned company can petition when it is a separate legal entity.
L-1 (intracompany transfer)	Yes	For a manager, executive, or specialized-knowledge employee moving from a company abroad to a related U.S. office.
H-1B (specialty occupation)	Yes	For roles that require at least a bachelor’s degree. Subject to an annual cap and lottery, with some employers exempt.

Employer-Sponsored Green Cards 

Pathway	Employer Sponsor Required?	Key Feature
EB-1C (multinational manager or executive)	Yes	For a manager or executive who worked for a company abroad and moves to a related U.S. company. No labor certification. Must be petitioned by the employing U.S. company. Commonly used as a next step following L-1A.

Investment-Based Options 

Pathway	Investment Required?	Key Feature
E-2 (treaty investor)	Yes	A temporary visa for nationals of treaty countries who invest in and direct a U.S. business. Renewable, but not a green card on its own.
EB-5 (immigrant investor)	Yes	A green card for investors who place the required capital in a U.S. enterprise that creates at least 10 full-time jobs.

No single pathway is the right fit for everyone, and eligibility depends on the specific facts of your case. 

Self-Petition Green Cards 

These green cards can be filed without an employer. The founder petitions on their own behalf, so the pathway does not depend on a specific job offer or sponsor. 

EB-2 National Interest Waiver (NIW) 

The EB-2 National Interest Waiver (NIW) is a green card for professionals who hold an advanced degree or have exceptional ability in their field. The waiver removes the job offer and PERM (Program Electronic Review Management) labor certification requirements that normally apply to an eligible person, who can therefore self-petition without employer sponsorship. United States Citizenship and Immigration Services (USCIS) decides these cases under the standard from Matter of Dhanasar and evaluates each case on its own facts. 

For founders, USCIS looks at the specific proposed work and whether it has substantial merit and national importance. Our guide to the EB-2 NIW for startup founders covers how this category applies to entrepreneurial work. Recent USCIS guidance has emphasized that the analysis considers whether a founder’s particular business serves a national interest, not only the industry it belongs to nor the revenue it generates. Whether a given venture meets the standard depends on the evidence in the individual case. 

Key Points 

• Who it is for: Professionals with a U.S. master’s degree or higher, or a bachelor’s degree plus five years of progressive experience, or exceptional ability in the field. 

• Requirements: Meeting the three prongs of Dhanasar, which are substantial merit and national importance, being well positioned to advance the work, and that waiving the labor certification requirement benefits the United States. 

• Filing: Self-petitioned or employer-filed, through Form I-140, Immigrant Petition for Alien Workers. 

Timeline: Premium Processing requires USCIS to act on the Form I-140 within 45 business days. Standard I-140 timelines vary by service center and caseload, so check current USCIS processing times before relying on a figure. The time to obtain a green card after approval depends on your priority date in the current Visa Bulletin and your country of chargeability. 

EB-2 NIW Approvals for Entrepreneurs 

A data analyst and IT entrepreneur from Bangladesh, who ran his own technology business for about eight years before earning a U.S. master’s degree in data science, built his petition around a platform that helps small U.S. businesses sell online and use analytics to reach local customers. The petition connected his work to federal efforts supporting small business and digital adoption, and it included a business plan and independent letters of support.  USCIS approved the EB-2 NIW petition, and he became a permanent resident through Adjustment of Status (AOS). 

A business strategy consultant from Canada with more than eighteen years of experience centered her petition on a methodology for helping small and mid-sized businesses strengthen leadership and operations.  The endeavor functioned as a replicable framework tied to national priorities, such as job creation and business resilience, with independent letters of recommendation and a business plan. USCIS approved the EB-2 NIW petition. 

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EB-1A Extraordinary Ability 

The EB-1A, or employment-based first preference, extraordinary ability category, is a green card option for people who can demonstrate sustained acclaim, at the national or international level, in fields including athletics. In plain terms, USCIS looks for evidence that the person has achieved significant recognition over time and is among the small percentage of people who have risen to the top of the field. 

As with the EB-2 NIW, the applicant files without a job offer or labor certification but must plan to keep working in their area of expertise. There are two ways to satisfy the first stage of the EB-1A analysis: evidence of a single major internationally recognized award, or evidence meeting at least three of ten USCIS criteria. USCIS then reviews all of the evidence together to decide whether the person’s overall career demonstrates extraordinary ability and sustained acclaim. 

For athletes and coaches, useful evidence may include championship results, national or international rankings, selection to a national team, significant media coverage, invitations to judge the work or performance of others, and compensation that is high compared with others in the field. Whether a record meets the standard is decided case by case. Our EB-1A complete guide covers the criteria and the supporting evidence. 

Key points 

• Who it is for: People with extraordinary ability in the sciences, education, business, or athletics. 

• Requirements: One major internationally recognized award, or at least three of ten USCIS criteria, judged together in a final merits determination. 

• Filing: Filed by the individual or by an employer, on Form I-140. 

Timeline: Premium Processing is available for the EB-1A I-140, committing USCIS to respond within 15 business days. After the I-140 is approved, the applicant may still need to wait for a green card number to become available. The timing depends on the Visa Bulletin, the applicant’s priority date, and their country of chargeability. 

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Temporary Work Visas 

Unlike the green card categories above, the O-1A and H-1B are temporary work visas, formally called nonimmigrant visas. They allow qualifying professionals to work in the United States for a limited period but do not, by themselves, provide permanent residence, which must be applied for through a separate petition like the ones described previously on this article. 

O-1A Extraordinary Ability 

The O-1A is a temporary visa for individuals with extraordinary ability in business, the sciences, education, or athletics. It has no annual cap and no lottery. The petition must be filed by a U.S. employer or agent, not by the individual directly. However, a company that a founder owns can serve as the petitioner when it is a separate legal entity that documents a genuine employer-employee relationship. USCIS clarified in January 2025 that a separate legal entity owned by the beneficiary, such as a corporation or limited liability company (LLC), may file on the beneficiary’s behalf. 

Key Points 

• Who it is for: Individuals with a documented record of extraordinary ability. 

• Petitioner: A U.S. employer or agent files Form I-129. A founder’s own company can petition when it is a separate legal entity. 

• Requirements: Meeting at least three of eight USCIS criteria. 

Timeline: Up to three years initially, with extensions available and no maximum cumulative limit. Premium processing is available, with a 15-business-day response timeframe. 

O-1A Approval for a Startup Founder 

A mechanical and aerospace engineer from Taiwan founded a U.S. company developing safety technology for the urban air mobility industry and served as its CEO. His company, though only a few months old, acted as the petitioner. The petition documented his patent-pending device, coverage of his work in industry publications, independent letters of support, and company records showing a genuine business prepared to employ him. USCIS approved the O-1A petition. 

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L-1 (Intracompany Transfer) 

The L-1 intracompany transfer visa applies when a company moves an employee from a foreign office to a U.S. office. The two entities must have a qualifying relationship, such as parent, branch, subsidiary, or affiliate, and the employee must have worked for the foreign entity for at least one continuous year within the past three years. L-1A covers managers and executives and allows up to seven years. L-1B covers employees with specialized knowledge and allows up to five years. For a founder who already runs a company abroad, the L-1A can support opening or expanding a U.S. office, and it can lead to the EB-1C green card.  

A new U.S. office can qualify under specific first-year rules. Because the U.S. company has been doing business for less than a year, USCIS requires that the company must have secured physical premises for the office and show that the business will grow enough to support a managerial or executive role within the first year. A new-office petition is approved for an initial period of one year, and to extend it, the company must show that the office has been actively doing business. 

Key Points 

• Who it is for: Managers, executives, or specialized-knowledge employees moving within a multinational company. 

• Requirement: At least one continuous year of employment with the company abroad in the past three years, in a qualifying role, and a qualifying relationship between the companies. 

• Petitioner: The U.S. employer files Form I-129. 

Timeline: L-1A is valid for up to seven years total and L-1B for up to five years total. Premium Processing is available, with a 15-business-day USCIS response timeframe. Without Premium Processing, standard Form I-129 timelines vary by service center and caseload. So, check current USCIS processing times before applying. 

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Employer-Sponsored Green Cards 

These green cards require a U.S. employer to sponsor the petition. For a founder, these routes fit best when there is a company that can extend a job offer and support the position, such as an established company, co-founders, or a board. 

EB-1C (Multinational Manager or Executive) 

The EB-1C employment-based first preference, multinational manager or executive is a green card for a manager or executive who worked for a company abroad and moves to a related U.S. company. It is the immigrant version of the L-1A visa. The U.S. employer files the petition, and the U.S. and foreign companies must have a qualifying relationship such as parent, branch, subsidiary, or affiliate.  

The U.S. company must have been doing business for at least one year, and the person must have worked abroad for the related company for at least one of the past three years in a managerial or executive role. No labor certification is required, but it cannot be self-petitioned. For a founder who built and ran a company abroad and is opening or expanding a U.S. entity, this category can follow naturally from L-1A status.  

Key Points 

• Who it is for: Managers and executives moving from a company abroad to a related U.S. company. 

• Requirements: A qualifying corporate relationship, at least one year of qualifying employment abroad in the past three years, and a managerial or executive role. 

• Filing: The U.S. employer files Form I-140. No labor certification is required. 

Timeline: EB-1 is a first-preference category and is current for most countries, so a green card is often available soon after approval, subject to your country of chargeability. Premium Processing is available for the Form I-140, with a 15-business-day timeframe.  

Investment-Based Options 

Investment-based options are built around an investment in a U.S. business rather than a degree or an employer sponsor.  

E-2 (Treaty Investor) 

The E-2 treaty investor visa is a temporary visa for nationals of countries that hold a qualifying treaty with the United States. The investor must make a substantial, at-risk investment in a real U.S. business and must develop and direct it. The E-2 is renewable in increments if the business continues to qualify, but it is a nonimmigrant visa and does not lead directly to a green card on its own. For many founders from treaty countries, the E-2 is a way to build and run a company in the United States.  

Key Points 

• Who it is for: Nationals of treaty countries who invest in and direct a U.S. business. 

• Requirements: A substantial, at-risk investment in a real operating enterprise, and ownership or control with a role directing the business. 

• Filing: Through a change of status in the U.S. on Form I-129, or at a consulate abroad. 

Timeline 

E-2 status is granted in increments and is renewable while the business qualifies. A change of status filed on Form I-129 is eligible for premium processing, with a 15-business-day USCIS response. 

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E-2 Approval for a Founder 

A Canadian investor built a land-clearing and site-preparation business in Central Florida and planned to direct it himself. His petition documented his ownership, a real investment in equipment and startup costs, a business plan, and evidence that the company was operating and serving customers. Because some costs were paid from personal accounts before the company account opened, the filing traced each payment to the business. USCIS approved the E-2 change of status in 18 days through Premium Processing. 

EB-5 (Immigrant Investor) 

The EB-5 Immigrant Investor Program grants a conditional green card to investors who place the required capital in a new commercial enterprise that creates at least 10 full-time jobs for qualifying U.S. workers. The green card obtained through the EB-5 program is initially conditional; after two years, the investor files Form I-829 to remove the conditions and, once approved, becomes a lawful permanent resident without conditions.  

According to USCIS, the required investment is $1,050,000, or $800,000 if it is in a targeted employment area (a rural area or an area of high unemployment) or a qualifying infrastructure project. These amounts are set by statute and are periodically adjusted for inflation. An investor can invest directly in their own enterprise or through a USCIS-designated regional center. The EB-5 does not require an advanced degree, extraordinary ability, or labor certification. The regional center route runs through a program that Congress must periodically reauthorize under current law, regional center petitions filed on or before the September 30, 2026 grandfathering deadline remain protected even if the program later lapses, and they lock in the current investment amounts. 

Key Points 

• Who it is for: Investors who meet the capital and job-creation requirements. 

• Requirements: The required at-risk investment, a lawful source of funds, and creation of at least 10 full-time jobs for qualifying U.S. workers. 

• Process: File Form I-526 or I-526E to establish eligibility, obtain conditional permanent residence, then file Form I-829 to remove conditions after the two-year period. 

Timeline 

Processing times for the initial petition vary and are published by USCIS. After approval and conditional residence, the investor files Form I-829 at the two-year mark to remove conditions, showing the investment was sustained and the required jobs were created. 

EB-5 Approvals for Investors 

A Colombian investor committed capital to a multifamily residential development and progressed through the earlier EB-5 stages. At the final stage, the Form I-829 filing documented that the investment was sustained, and that construction and operations supported the required jobs, using updated financials, partnership records, and economic reports. USCIS approved the I-829 petition in about three months, confirming permanent residence without conditions. 

A student investor from South America invested in a hotel development located in a targeted employment area and affiliated with a regional center. The petition documented a lawful source of multi-generational family funds, showed the capital was fully at risk, and used USCIS-recognized economic modeling to show the project would create the required jobs. USCIS approved the Form I-526 petition. 

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Frequently Asked Questions 

Can a startup founder get a green card without a traditional employer? 

Yes. Founders have self-petition routes that do not require an employer sponsor. The EB-2 NIW and the EB-1A can both be self-petitioned, and the EB-5 immigrant investor green card is based on investment and job creation rather than an employer. Whether any of these fits depends on the facts of the individual case. 

Can I use my own startup to file my O-1A or H-1B petition? 

For the O-1A, yes. A company you own can act as the petitioner when it is a separate legal entity and the petition documents a genuine employer-employee relationship. USCIS clarified in January 2025 that a separate legal entity owned by the beneficiary may file on their behalf. For the H-1B, a founder who owns or controls the company faces closer USCIS review of the employer-employee relationship, which depends on the company’s structure. 

What evidence does a startup founder need for an EB-2 NIW? 

Evidence commonly submitted includes a detailed description of the proposed endeavor, a business plan, records of investment or funding, evidence of U.S. job creation such as payroll records, press coverage, patents or technical documentation, and independent letters of support. USCIS weighs the record as a whole under the Matter of Dhanasar standard, and whether it meets the standard depends on the individual case. 

How much do I need to invest to qualify for EB-5? 

According to USCIS, the required EB-5 investment is $1,050,000, or $800,000 if the investment is in a targeted employment area or a qualifying infrastructure project. The investment must go into a new commercial enterprise that creates at least 10 full-time jobs for qualifying U.S. workers. These amounts are set by statute and are periodically adjusted for inflation. 

Which options let entrepreneurs avoid the H-1B lottery? 

Several routes are outside the H-1B cap and lottery. The O-1A has no annual cap or lottery. The EB-2 NIW and EB-1A are self-petition green cards that do not involve the H-1B process at all. The E-2 and L-1 are separate categories with their own requirements. Which one fits depends on your background, your company, and your goals. 

What is the difference between the EB-1A and the EB-2 NIW? 

Both are green cards that can be self-petitioned, with no job offer and no labor certification. The main difference is the standard. The EB-1A is for individuals with extraordinary ability shown through sustained national or international acclaim, which USCIS treats as a higher bar. The EB-2 NIW is for advanced-degree professionals, or those with exceptional ability, whose work has national importance. Which one fits, if either, depends on the facts of the individual case.

Next Steps 

If you are weighing your options as an entrepreneur or startup founder, an immigration attorney can review your background, your company, and your goals and explain how each pathway compares your situation. Colombo & Hurd works with founders and investors on the EB-2 NIW, EB-1A, O-1A, L-1, E-2, EB-5, and other employment- and investment-based matters. 

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If you’re an entrepreneur or startup founder exploring your U.S. immigration options, understanding which pathway best fits your background, business structure, achievements, and long-term goals is the first step.

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