The U.S. has no formal "startup visa," forcing founders to choose between L-1A (international companies), O-1 (extraordinary ability), or EB-2 NIW (national interest). Here's how to decide.
Immigrant founders have three main visa paths: L-1A (for those operating companies abroad who want to expand to the U.S.), O-1 (for founders with extraordinary ability evidence like press, awards, and funding), or EB-2 NIW (for founders whose work has national importance). L-1A is fastest for international expansions but requires 1+ year operating abroad.
O-1 is best for founders with strong evidence and no international operations. NIW is best for those focused on long-term green cards addressing national priorities.
No formal startup visa exists
Founders must fit into existing visa categories designed for other purposes.
L-1A is fastest for international founders
If you've operated a company abroad for 1+ year, L-1A lets you open a U.S. branch in 3-6 months.
O-1 is ideal for evidence-rich founders
If you've raised funding, received press, won awards, or built traction, O-1 is the best path.
EB-2 NIW offers direct path to green card
For founders addressing national priorities (health, climate, education, technology), NIW provides permanent residence without employer sponsorship.
You can pursue multiple paths simultaneously
File O-1 for immediate work authorization while pursuing NIW for long-term green card.
Timing determines strategy
Pre-seed founders need different strategies than Series A founders.
No formal startup visa exists
Founders must fit into existing visa categories designed for other purposes.
L-1A is fastest for international founders
If you've operated a company abroad for 1+ year, L-1A lets you open a U.S. branch in 3-6 months.
O-1 is ideal for evidence-rich founders
If you've raised funding, received press, won awards, or built traction, O-1 is the best path.
EB-2 NIW offers direct path to green card
For founders addressing national priorities (health, climate, education, technology), NIW provides permanent residence without employer sponsorship.
You can pursue multiple paths simultaneously
File O-1 for immediate work authorization while pursuing NIW for long-term green card.
Timing determines strategy
Pre-seed founders need different strategies than Series A founders.
L-1A: Intracompany Transfer for Managers/Executives
Requirements:
You must have worked abroad at a related company for 1+ year as manager or executive
The U.S. entity must be a branch, subsidiary, or affiliate of the foreign company
You're being transferred to manage the U.S. operations
Benefits:
Dual intent (can pursue green card while on L-1A)
Spouse can work (L-2 EAD)
Can lead to EB-1C green card (multinational executive)
Limitations:
Requires established foreign operations
Maximum 7 years
Tied to employer (your own company)
Best for: Founders who started companies outside the U.S. and want to expand to the U.S.
O-1: Extraordinary Ability in Business
Requirements:
Meet 3 of 8 criteria: awards, memberships, press coverage, judging, original contributions, authorship, critical role, high salary
Evidence of sustained acclaim in business/entrepreneurship
Benefits:
No requirement for foreign operations
Can work for multiple entities via agent structure
Unlimited extensions (3 years at a time)
Builds toward EB-1A green card
Limitations:
Requires strong evidence (press, awards, funding, traction)
Need U.S. petitioner (your company or agent)
Best for: Founders with strong evidence who've raised funding, received press, or won competitions.
EB-2 NIW: National Interest Waiver
Requirements:
Advanced degree (master's or bachelor's + 5 years experience) or exceptional ability
Work has substantial merit and national importance
You're well-positioned to advance the work
Waiving labor certification benefits the U.S.
Benefits:
Direct path to green card (no temporary visa first)
Self-petition (no employer sponsorship)
Survives company pivots or failures
Limitations:
Longer processing (12-24 months)
Must prove national importance
Still has backlog for Indians and Chinese (though shorter than employer-sponsored EB-2)
Best for: Founders addressing national priorities like healthcare, climate, education, or critical technologies.
Pre-Seed / Early Stage (No Funding Yet)
Situation: You have an idea or MVP but limited traction, no funding, minimal press.
Recommended path:
If you have foreign operations: L-1A (fastest)
If no foreign operations: Build evidence for O-1 or pursue EB-2 NIW if your idea addresses national importance
Timeline: 6-12 months to build O-1 evidence
Evidence to build: Accelerator acceptance (YC, Techstars), pitch competition wins, early press coverage, advisory roles.
Seed Stage ($500K-$2M Raised)
Situation: You've raised institutional funding, have press coverage from funding announcement, building a team.
Recommended path: O-1 (you likely meet 3+ criteria)
Evidence you probably have:
Criterion 3 (Press): Funding announcements in TechCrunch, Forbes
Criterion 8 (Critical role): CEO/founder of funded company
Criterion 1 (Awards): If won pitch competitions or accelerator acceptance
Criterion 4 (Judging): Can quickly add by judging startup competitions
Timeline: File O-1 immediately (2-3 months with premium processing).
Simultaneously pursue: EB-2 NIW or EB-1A for green card.
Series A+ ($2M-$10M+ Raised)
Situation: Significant funding, 15-50 employees, substantial press coverage, proven business model.
Recommended path: O-1 immediately + EB-1A for green card
Evidence you probably have:
Strong press coverage (Criterion 3)
Critical role with substantial team (Criterion 8)
High founder compensation or equity value (Criterion 9)
Judging opportunities (Criterion 4)
Original contributions through your product/service (Criterion 5)
Result: Very strong O-1 and EB-1A cases. You likely meet 5-6 criteria.
International Expansion (Company Operating Abroad for 1+ Year)
Situation: You've operated a company outside the U.S. for 1+ years as CEO/executive. You want to open U.S. operations.
Recommended path: L-1A (fastest path to U.S.)
Why: L-1A doesn't require evidence of extraordinary ability - just proof of managerial role abroad and intent to manage U.S. operations.
Timeline: 3-6 months for L-1A approval.
Green card path: EB-1C (multinational executive) after operating U.S. entity for 1 year.
Strategy 1: O-1 + EB-2 NIW
File O-1 for immediate work authorization (2-3 months). Simultaneously file EB-2 NIW for green card (12-24 month processing).
Benefits:
Work immediately on O-1
Green card processing in background
If NIW is approved, you have permanent residence
If NIW is denied, you still have O-1
Strategy 2: L-1A + EB-1C
Use L-1A to enter U.S. and establish operations. After 1 year, file EB-1C for green card.
Benefits:
Fast entry to U.S. (3-6 months)
Clear path to green card through EB-1C
No need to build extraordinary ability evidence
Strategy 3: O-1 + EB-1A
Build strong O-1 evidence, file O-1 for work authorization. Continue building evidence for 2-3 years, then file EB-1A.
Benefits:
O-1 and EB-1A use same evidence
Every achievement strengthens both cases
EB-1A has no backlog (even for Indians)
Mistake 1: Assuming They Don't Qualify
Many founders with seed funding, press, and traction assume they're not "extraordinary enough" for O-1. Reality: they already meet 3+ criteria.
Mistake 2: Waiting Too Long to File
Founders wait until Series B to consider visas. By then, they've wasted years that could have been spent with stable status.
Mistake 3: Ignoring L-1A Option
International founders overlook L-1A, assuming they need extraordinary ability. L-1A is often faster and easier.
Mistake 4: Not Filing Green Card Early
Founders focus only on temporary visas (O-1, L-1A) and don't pursue green cards until late. For Indians, this means losing years of priority date.
Mistake 5: Choosing Wrong Entity Structure
Founders create complex corporate structures that complicate visa petitions. Simple is better for immigration purposes.
Traction-Based Assessment
Based on funding raised, team size, press coverage, and product traction, we identify which visa paths you qualify for now.
Evidence Mapping
For O-1 and EB-1A, the criteria your founder journey already satisfies is shown (funding = critical role + original contributions, press = Criterion 3, etc.).
Multi-Path Strategy
OpenSphere creates a layered plan: File O-1 now for work authorization, pursue EB-2 NIW or EB-1A for green card, maintain flexibility if company pivots.
Timing Optimization
Should you file now or build more evidence? We calculate the optimal timing based on current evidence strength.
Dimension | L-1A | O-1 | EB-2 NIW |
Processing time | 3-6 months | 2-3 months (premium) | 12-24 months |
Requirements | 1+ year abroad as exec/manager | 3 of 8 criteria (evidence-based) | 3-prong test (national importance) |
Best for | International expansions | Founders with strong evidence | Founders addressing national priorities |
Work authorization | Immediate upon approval | Immediate upon approval | After green card approval |
Green card path | EB-1C (after 1 year U.S. operations) | EB-1A (builds toward) | EB-2 NIW IS the green card |
Flexibility | Tied to company | Can work for multiple entities | Not tied to any job or company |
Want to know which visa path fits your founder journey and whether you already have enough evidence to file?
Take the OpenSphere evaluation. You'll get a founder-specific visa strategy based on your stage, traction, and evidence.
Start Your Founder Visa Strategy
L-1A: Intracompany Transfer for Managers/Executives
Requirements:
You must have worked abroad at a related company for 1+ year as manager or executive
The U.S. entity must be a branch, subsidiary, or affiliate of the foreign company
You're being transferred to manage the U.S. operations
Benefits:
Dual intent (can pursue green card while on L-1A)
Spouse can work (L-2 EAD)
Can lead to EB-1C green card (multinational executive)
Limitations:
Requires established foreign operations
Maximum 7 years
Tied to employer (your own company)
Best for: Founders who started companies outside the U.S. and want to expand to the U.S.
O-1: Extraordinary Ability in Business
Requirements:
Meet 3 of 8 criteria: awards, memberships, press coverage, judging, original contributions, authorship, critical role, high salary
Evidence of sustained acclaim in business/entrepreneurship
Benefits:
No requirement for foreign operations
Can work for multiple entities via agent structure
Unlimited extensions (3 years at a time)
Builds toward EB-1A green card
Limitations:
Requires strong evidence (press, awards, funding, traction)
Need U.S. petitioner (your company or agent)
Best for: Founders with strong evidence who've raised funding, received press, or won competitions.
EB-2 NIW: National Interest Waiver
Requirements:
Advanced degree (master's or bachelor's + 5 years experience) or exceptional ability
Work has substantial merit and national importance
You're well-positioned to advance the work
Waiving labor certification benefits the U.S.
Benefits:
Direct path to green card (no temporary visa first)
Self-petition (no employer sponsorship)
Survives company pivots or failures
Limitations:
Longer processing (12-24 months)
Must prove national importance
Still has backlog for Indians and Chinese (though shorter than employer-sponsored EB-2)
Best for: Founders addressing national priorities like healthcare, climate, education, or critical technologies.
Pre-Seed / Early Stage (No Funding Yet)
Situation: You have an idea or MVP but limited traction, no funding, minimal press.
Recommended path:
If you have foreign operations: L-1A (fastest)
If no foreign operations: Build evidence for O-1 or pursue EB-2 NIW if your idea addresses national importance
Timeline: 6-12 months to build O-1 evidence
Evidence to build: Accelerator acceptance (YC, Techstars), pitch competition wins, early press coverage, advisory roles.
Seed Stage ($500K-$2M Raised)
Situation: You've raised institutional funding, have press coverage from funding announcement, building a team.
Recommended path: O-1 (you likely meet 3+ criteria)
Evidence you probably have:
Criterion 3 (Press): Funding announcements in TechCrunch, Forbes
Criterion 8 (Critical role): CEO/founder of funded company
Criterion 1 (Awards): If won pitch competitions or accelerator acceptance
Criterion 4 (Judging): Can quickly add by judging startup competitions
Timeline: File O-1 immediately (2-3 months with premium processing).
Simultaneously pursue: EB-2 NIW or EB-1A for green card.
Series A+ ($2M-$10M+ Raised)
Situation: Significant funding, 15-50 employees, substantial press coverage, proven business model.
Recommended path: O-1 immediately + EB-1A for green card
Evidence you probably have:
Strong press coverage (Criterion 3)
Critical role with substantial team (Criterion 8)
High founder compensation or equity value (Criterion 9)
Judging opportunities (Criterion 4)
Original contributions through your product/service (Criterion 5)
Result: Very strong O-1 and EB-1A cases. You likely meet 5-6 criteria.
International Expansion (Company Operating Abroad for 1+ Year)
Situation: You've operated a company outside the U.S. for 1+ years as CEO/executive. You want to open U.S. operations.
Recommended path: L-1A (fastest path to U.S.)
Why: L-1A doesn't require evidence of extraordinary ability - just proof of managerial role abroad and intent to manage U.S. operations.
Timeline: 3-6 months for L-1A approval.
Green card path: EB-1C (multinational executive) after operating U.S. entity for 1 year.
Strategy 1: O-1 + EB-2 NIW
File O-1 for immediate work authorization (2-3 months). Simultaneously file EB-2 NIW for green card (12-24 month processing).
Benefits:
Work immediately on O-1
Green card processing in background
If NIW is approved, you have permanent residence
If NIW is denied, you still have O-1
Strategy 2: L-1A + EB-1C
Use L-1A to enter U.S. and establish operations. After 1 year, file EB-1C for green card.
Benefits:
Fast entry to U.S. (3-6 months)
Clear path to green card through EB-1C
No need to build extraordinary ability evidence
Strategy 3: O-1 + EB-1A
Build strong O-1 evidence, file O-1 for work authorization. Continue building evidence for 2-3 years, then file EB-1A.
Benefits:
O-1 and EB-1A use same evidence
Every achievement strengthens both cases
EB-1A has no backlog (even for Indians)
Mistake 1: Assuming They Don't Qualify
Many founders with seed funding, press, and traction assume they're not "extraordinary enough" for O-1. Reality: they already meet 3+ criteria.
Mistake 2: Waiting Too Long to File
Founders wait until Series B to consider visas. By then, they've wasted years that could have been spent with stable status.
Mistake 3: Ignoring L-1A Option
International founders overlook L-1A, assuming they need extraordinary ability. L-1A is often faster and easier.
Mistake 4: Not Filing Green Card Early
Founders focus only on temporary visas (O-1, L-1A) and don't pursue green cards until late. For Indians, this means losing years of priority date.
Mistake 5: Choosing Wrong Entity Structure
Founders create complex corporate structures that complicate visa petitions. Simple is better for immigration purposes.
Traction-Based Assessment
Based on funding raised, team size, press coverage, and product traction, we identify which visa paths you qualify for now.
Evidence Mapping
For O-1 and EB-1A, the criteria your founder journey already satisfies is shown (funding = critical role + original contributions, press = Criterion 3, etc.).
Multi-Path Strategy
OpenSphere creates a layered plan: File O-1 now for work authorization, pursue EB-2 NIW or EB-1A for green card, maintain flexibility if company pivots.
Timing Optimization
Should you file now or build more evidence? We calculate the optimal timing based on current evidence strength.
Dimension | L-1A | O-1 | EB-2 NIW |
Processing time | 3-6 months | 2-3 months (premium) | 12-24 months |
Requirements | 1+ year abroad as exec/manager | 3 of 8 criteria (evidence-based) | 3-prong test (national importance) |
Best for | International expansions | Founders with strong evidence | Founders addressing national priorities |
Work authorization | Immediate upon approval | Immediate upon approval | After green card approval |
Green card path | EB-1C (after 1 year U.S. operations) | EB-1A (builds toward) | EB-2 NIW IS the green card |
Flexibility | Tied to company | Can work for multiple entities | Not tied to any job or company |
Want to know which visa path fits your founder journey and whether you already have enough evidence to file?
Take the OpenSphere evaluation. You'll get a founder-specific visa strategy based on your stage, traction, and evidence.
Start Your Founder Visa Strategy
1. Can I work for my own startup on O-1?
Yes. Your startup can petition for your O-1, or you can use an agent to petition on your behalf.
2. What if my company fails while on O-1 or L-1A?
O-1: You'd need a new petitioner (another company or agent). L-1A: Your status ends unless you find another sponsor.
3. Do I need to have raised VC funding to qualify for O-1?
No. Funding helps but isn't required. Press, awards, product traction, and other evidence can satisfy criteria.
4. Can I pivot my company while on L-1A?
L-1A requires you to manage U.S. operations in a similar business. Major pivots could jeopardize status.
5. How much funding do I need to raise for O-1?
There's no specific amount. However, $500K+ from reputable investors typically generates enough evidence (press, critical role) to meet multiple criteria.
6. Can I apply for EB-2 NIW if my startup isn't addressing a clear national priority?
It depends. USCIS looks broadly at national importance. Economic development, job creation, and innovation can count, but healthcare, climate, and education are stronger.
7. Should I file L-1A or O-1 if I qualify for both?
L-1A is simpler and faster. O-1 offers more flexibility (multiple employers, unlimited extensions). If you have strong evidence, O-1 is better long-term.
8. What happens to my visa if my startup gets acquired?
O-1: Can transfer to acquiring company or find new petitioner. L-1A: Depends on acquisition structure. EB-2 NIW (green card): Unaffected.
9. Can I file for green card while on O-1 or L-1A?
Yes, both allow dual intent. You can pursue green card while maintaining temporary visa status.
10. How do I prove "national importance" for EB-2 NIW as a founder?
Show your work addresses a national priority (health, climate, education, economic development), has broad impact potential, and you have the resources/ability to execute.
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