There is no “startup visa” in the U.S. There are several pathways, and the right one depends not on the business idea but on the person’s profile: investors, experience, achievements and plans.
Entrepreneurs often start by incorporating a company and raising investment, and put off the question “On what legal basis will I stay in the U.S.?” As a result, the documents they assemble do not always meet the requirements of the category they later choose. USCIS assesses something different: who will work in the U.S., in what role, and how that is documented.
We will walk through the main options for founders, how to choose among them, what evidence a startup generates, and what has changed in the rules as of October 2026.
Main options for founders
O-1A
O-1A is a nonimmigrant work visa for individuals with extraordinary ability in the sciences, education, business or athletics. It has no annual quota and no lottery. Unlike some other visas, the law does not expressly grant O-1A dual-intent status. In practice, however, USCIS rules allow a person to work in O-1A status while also pursuing a green card.
Requirements for a founder. You must meet at least 3 of 8 criteria. Examples include published material about you and your work, awards, serving as a judge of others’ work, original contributions of major significance to your field, a critical or essential role at organizations with a distinguished reputation, and high salary or other significantly high remuneration.
Specifics for a startup built from scratch. You cannot petition on your own behalf as an individual. Your U.S. startup can act as the petitioner, but the company must establish a genuine employer-employee relationship with you. For example, this can be done through a board of directors, investors or another independent body with the authority to oversee your work. Alternatively, the petition can be filed through a U.S. agent.
In place of a high salary. For founders of early-stage startups, USCIS may consider the value of the founder’s equity stake or the company’s valuation in a funding round as evidence of high remuneration.
Timing. Premium processing is available. USCIS commits to take action on the petition within 15 business days (an approval, a denial, a request for evidence or a notice of intent to deny).
EB-2 NIW (National Interest Waiver)
EB-2 NIW is an employment-based immigrant category that waives the requirement of a U.S. employer’s job offer and the labor certification (PERM) process.
Requirements. You must first establish basic EB-2 eligibility: a master’s degree or PhD (or a bachelor’s degree plus five years of progressive work experience), or exceptional ability. The proposed endeavor is then assessed under the three-prong test from Matter of Dhanasar:
- Substantial merit and national importance. The startup addresses an important technological, economic or social problem, with significant potential impact on the U.S. nationally or on a particular region or industry.
- The founder’s position. You are well positioned to advance the proposed endeavor, with the experience, knowledge and resources to carry out your plan.
- Benefit to the U.S. On balance, it would benefit the U.S. to waive the job offer and labor certification requirements.
Specifics for an early-stage startup. USCIS looks for more than general promises such as “we will create 100 jobs.” You need a detailed business plan with a well-supported financial model, evidence of your project’s stage (an MVP, patents, pilots, first customers) and expert opinion letters from independent industry experts.
Timing. Premium processing is available. USCIS commits to take action within 45 business days.
EB-1A
EB-1A is an employment-based immigrant category for founders with extraordinary ability demonstrated by sustained national or international acclaim. It requires no job offer and no labor certification.
Requirements. You must meet at least 3 of 10 criteria and show that you are among the small percentage who have risen to the very top of your field.
Specifics for a startup. A promising startup is not, on its own, one of the EB-1A criteria. USCIS evaluates the founder’s personal accomplishments: successful prior exits, patents and proprietary technology, a key role in scaling businesses, authored articles, and interviews in leading business publications.
Timing. Premium processing is available. USCIS commits to take action within 15 business days.
How to choose a pathway
| Your profile |
Pathway to consider |
| You have a public track record (publications, speaking engagements, awards, accelerators) and need to enter the U.S. quickly |
O-1A |
| You have relevant education or experience and an innovative technology project that benefits the U.S. economy |
EB-2 NIW |
| You have a documented track record as a successful entrepreneur, international recognition and patents |
EB-1A |
| You need to launch a business in the U.S. quickly and move in stages to permanent residence |
O-1A (entry and launch) → business growth → EB-1A (green card) |
From idea to filing
Step 1. Define your planned activity in the U.S. “I will open a company” is too general. USCIS looks for a chain: problem → solution → founder’s role → scale → documented prior results. This chain becomes the basis for your business plan and expert letters.
Step 2. Plan the company structure. If the founder is at once the owner, the executive and the beneficial owner, decide in advance who determines the terms of the founder’s work, and on what basis: the board of directors, investors or governance procedures.
Step 3. Collect documents from day one. A startup’s work leaves a record that will be useful in any petition.
Step 4. Match your profile to the categories and file. Consider not only whether you can obtain a status now, but where it leads next. When adjusting status to permanent resident from within the U.S., avoid any lapse in lawful status, and plan travel in advance while Form I-485 is pending.
Common mistakes
- Building the business first and looking for a category afterward. The documents may then fail to meet the requirements of any pathway.
- Building the case around the company rather than the person. USCIS evaluates your contribution and your achievements.
- Treating an investor as proof of recognition. Funding reflects well on the company but does not replace the rest of the evidence.
- Neglecting the structure. If the founder signs documents on both sides, the company may be viewed as simply an extension of the individual.
- Collecting “formal” achievements. Paid memberships or awards with no selection process will not satisfy the criteria.
- Inconsistent data. Dates, titles and figures in forms, pitch decks and letters must match.
Conclusion
Immigration through a startup is a sequence of decisions, and it is best to begin with three questions:
- What have I already accomplished?
- What exactly do I plan to do in the U.S.?
- What independent documents can I use to prove it?
If you’re not sure about the answers, Shamayev Business Law offers a Free case evaluation.
Within 2 business days, we will assess your professional profile and identify which pathway to the U.S. may suit you best.
