How to Get a US Visa as a Startup Founder

For a long time, the United States has been the world leader for innovation and new businesses.

Founders from all corners of the world dream of establishing their companies in the U.S., starting from Silicon Valley to New York City because of its robust startup ecosystem, remarkable access to venture capital, a world-class talent pool, and an extensive consumer base.

However, one of the most vital and often baffling steps to launching operations in the U.S. is obtaining the right visa. Unlike other countries, the United States does not have a dedicated visa for solely entrepreneurs.

Starting from nationality to company structure, growth stage, investment, and personal background, there are several immigration options for startup founders.

In this detailed guide, we will discuss on getting a US visa as a startup founder, covering their requirements, advantages, disadvantages, and strategic tips to enhance your chances of success.

Why The Right Visa Is Critical For Founders

Before going through the types of visas, it is crucial to highlight the impact of choosing the wrong visa for foreign entrepreneurs:

• Legal Permission to Work: Without a valid visa, you cannot legally work in the U.S, even in your own company.
• Access to Funding: Investors often shy away from financing foreign founders who do not have a legal entity based in America.
• Business Operations: With a visa, you are able to open a U.S. bank account, hire employees, sign contracts, and even lease office space.
• Pathway to a Green Card: A few visa options may offer pathways to permanent residency, which can provide long-term security for you and your family.
• Family Immigration: Some visas grant your spouse and children the ability to accompany you and also work or study in the U.S.

Rejections, delays, and even bans can result from choosing the wrong visa, incomplete documentation, or a combination of both. This is why a well-planned strategy is crucial.

Best U.S. Visa Options For Startup Founders

Most sought and achievable visa pathways for international startup founders are as follows.

1. International Entrepreneur Parole (IEP)

Ideal For: Founders of early stage startups that have backing from a U.S. investor or government funding.

The International Entrepreneur Parole program enables foreign startup founders to come to the U.S. for mobility purposes through an immigration policy specifically designed for them. While it is not a formal visa, it operates as one and currently stands as one of the most favorable options for founders.

Eligibility Criteria:

• You need to have at least a 10% ownership stake in a U.S. startup for it to qualify.
• You must have formed the company in the last 5 years.
• The company must demonstrate capability for scaling quickly and generating jobs.
• The business must have received either:
  • At least $250,000 in investment from qualified U.S. investors, or
  • At least $100,000 in grants or awards from government entities at the federal, state, or local level.

Benefits:

• No limits on annual submissions, nor a lottery system.
• Immediate family members can accompany you.
• Renewable for an additional two and a half years.

Challenges:

• Does not grant visa or legal immigration status, only a form of entry called “parole.”
• No direct path to permanent residency.
• Requires extensive documentation for funding and traction.

2. O-1 Visa (Individuals with Extraordinary Ability)

Ideal For: Founders who are well-recognized and have achieved significant success in their field.

O-1 visa is reserved for people with exceptional talent in the sciences, business, education, or athletics. Its increasingly popular among startup founders who have achieved some significant milestones like getting venture funding or media coverage.

Eligibility Criteria:

You must demonstrate extraordinary ability by receiving at least three out of eight awards, such as:

• Awards that are national or international.
• Substantial media coverage.
• Key executive or founder of a recognized venture.
• Making important original contributions in their field.
• Invited to judge other’s work in competitions or panels.
• High salary or compensation.

Benefits:

• Work in the U.S. for up to three years with no limit on extensions.
• Work for your own company as long as it’s properly structured.
• Green Card application is also accepted.

Challenges:

• Requires strong documentation, letters of recommendation, evidence of acclaim.
• High evidentiary threshold.
• Your company acting as your sponsor can mean needing to prove an employer-employee relationship.

3. E-2 Visa (Treaty Investor Visa)

Ideal For: Founders from treaty countries wishing to actively manage a US startup.

E-2 visa enables citizens of treaty countries to enter and work in the U.S. for substantially investing in a business.

Eligibility Criteria:

• Must be a citizen of a treaty country. Canada and the UK are eligible, but India is not.
• Must invest a significant amount of money into a U.S. business – usually over $100,000.
• You need to hold a minimum of 50% equity in the company and have operational control.
• The business must be tangible, functioning, and not marginal (i.e., it should earn more than what is needed to sustain you and your family).

Benefits:

• Short processing times.
• Renewed indefinitely as long as business remains operational.
• Spouse eligible to apply for a work permit.
• Great for self-funded bootstrap founders.

Challenges:

• Restricted to citizens from certain countries.
• Requires verification of active investment and business proposal.
• No direct route to Green Card, visa must be changed later on.

4. H-1B Visa (Specialty Occupation)

Ideal For: Technical or professionally experienced founders who wish to be employed by their own startup.

The H-1B visa is a well-known work visa issued to professionals in specialized industries such as IT, engineering, finance, and several others. Founders are able to self-sponsor through their startups, although this comes with additional compliance burdens.

Eligibility Criteria:

• Must possess at least a bachelor’s degree or comparable experience in a specific area.
• The job position must be associated with such degree.
• You have to show an independent board or some other higher authority to prove the employer-employee relationship.

Benefits:

• You have dual intent for Green Card application and are eligible to apply for one later.
• Permits 6 years of total employment (first 3 years + an additional 3 year extension).
• Ead permits spouses to study or work while on H-4 visa.

Challenges:

• If not applying with a cap exempt entity, you will be subject to a random lottery system.
• Founder-employment relationship documentation is extremely complicated.
• The filing windows are limited to every April and must begin preparation months in advance.

5. L-1 Visa (Intra-Company Transfer)

Ideal For: Founders who operate a business outside the U.S. and wish to establish a branch in the country.

Multinational companies use the L-1 visa to transfer executives, managers, and specialized knowledge employees to the U.S.

Eligibility Criteria:

• Must have worked continuously for the foreign company for one year within the last three years.
• Must be assigned to an affiliate, branch, or subsidiary in the U.S.
• There must be an existing U.S. entity or they should be setting up a new office.

Benefits:

• Established founders and their spouses will greatly benefit through fast track processing.
• Can lead to a Green Card under EB-1C category.
• Dependents holding L-2 visas can accompany the principal holder and the spouses are allowed to work.

Difficulties:

• Need evidence of actual business activities outside the country and detailed plans for expanding into the U.S.
• New offices have a 1-year renewal grace period for showing growth.
• Considerable paperwork, business plans, leases, lists of employees, etc.

How to Choose the Right Visa as a Founder

Choosing the right visa depends on several factors:

Tips for a Successful Visa Application

Navigating the process of getting a visa for the U.S can be difficult. However, the following tips can boost your chances:

1. Hire an Immigration Attorney

Always seek professional help. An immigration attorney can create a roadmap for both the right visa to apply for, as well as collecting the documents needed for USCIS.

2. Incorporate a U.S. Entity First

Most visa types require a U.S. business to exist. With services like Bizstartz, you can register your U.S. LLC or C-Corp and also get an EIN, Registered Agent, and BOI filing.

3. Prepare a Strong Business Plan

Outline your product, target market, revenue model, hiring roadmap, and funding strategy. For E-2 and L-1 visas, this information is crucial.

4. Build Your Public Profile

To support the O-1 application, it is advantageous to hold deals, awards, speaking engagements, or media features that highlight your work and its impact.

5. Keep Clean Records

Make sure to have updated and organized financial statements, tax filings, cap tables, contracts, proof of investment, and company emails. The more accessible and orderly your documents are, the better.

Concluding Remarks

Even though the U.S. does not have a specific startup visa, there are many options for determined business owners who want to expand their business. Each visa option has its advantages and disadvantages, and the optimal selection is dependent on your current status, business model, funding, and long-term plans.

At Bizstartz, we help international entrepreneurs with company formation services in the USA, applying for EINs, compliance setup, and connecting them to other service providers like immigration lawyers.

Prepared to Start Operating in the U.S.?

Let us help you with taking the first step. We can assist you from the formation of LLC or C-Corp, obtaining an EIN and other issues.

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