5 Visa Pathways For Tech Entrepreneurs Moving To the U.S.

Today topic: US Visas for entrepreneurs!

The U.S. doesn’t have a startup visa. That’s the first thing most tech founders learn when they try to move here and build a company.

Unlike Canada, the UK, and dozens of other countries that offer dedicated entrepreneur visas, America forces founders into categories that weren’t designed for them. 

You’re either an “extraordinary ability” individual, an investor, or an employee of your own company. None of these labels quite fits, but one of them has to work.

The result is confusion. Founders waste months researching options that don’t apply to them, or they pick the wrong visa and hit a dead end two years later.

This guide breaks down five visa pathways that actually work for tech entrepreneurs. Each one has different requirements, timelines, and limitations. The right choice depends on your funding situation, your professional track record, and how long you plan to stay.

We’ll cover who qualifies, what each visa allows you to do, and where founders typically run into problems.

US Visas For Entrepreneurs That You Need To Know

Here are some of the best US Visas for entrepreneurs that one should know about:

1. O-1A Visa: Extraordinary Ability In Business

A​‍​‌‍​‍‌​‍​‌‍​‍‌ tech founder would typically go for an O-1A visa, which is one of the top choices and is reasonably priced too. This kind of visa does not require a heavy investment or a sponsoring employer. From the first day, you may initiate and manage your own firm.

The only catch is the extraordinary ability thing. You gotta show you’re tops in your field, which sounds hard. However, it’s easier than most founders believe.

The USCIS looks at stuff like big awards, articles you’ve written, a good salary, being in exclusive clubs, and original stuff you’ve brought to your industry. You don’t need all of it. Usually, hitting three or four of these with good backup is enough.

Now, for tech founders, proof often comes from places they didn’t expect. If big publications write about you, great. Also, speaking at conferences, advising startups, or running a company that got lots of funding are great too. Judging startup contests or checking applications for accelerators can help your case too.

What’s key is making your case show your work is new and important in the startup world, not comparing yourself to Nobel Prize winners or big company bosses. Because more pros know this, switching from an H-1B to an O-1 visa is way faster.

An O-1A visa is good for up to three years and can be renewed forever. Also, you can apply for a green card while you have it.

Just one downside: the O-1A visa is tied to what you do. If you want to work somewhere else or start a new company, you gotta apply again. It’s not a huge deal, but it does mean more legal fees and waiting.

2. E-2 Treaty Investor Visa

The E-2 is designed for people who invest a “substantial” amount of capital in a U.S. business. It’s popular with founders who have personal savings or access to non-U.S. funding sources.

There’s no fixed investment minimum. USCIS evaluates whether your investment is proportional to the total cost of the business. For a tech startup, investments of $100,000 to $200,000 typically meet the threshold, though more capital strengthens the case.

The funds must come from a legitimate source, and you need to show that the money is already committed or actively being spent. USCIS wants to see that you’re taking real financial risk, not just parking cash in a bank account.

The E-2 has some significant advantages. Processing is relatively fast, especially when filed through a U.S. consulate. Your spouse can get work authorization. And there’s no annual cap on approvals.

But there are also severe limitations. The E-2 does not lead directly to a green card. It’s a non-immigrant visa, which means you can renew it indefinitely but never transition to permanent residence through the E-2 alone.

Also, only citizens of treaty countries qualify. This includes most European nations, Japan, South Korea, and others. China and India are notably absent from the list. If you’re from a non-treaty country, the E-2 isn’t an option.

3. L-1A Visa: Intracompany Transfer For Executives

Founders​‍​‌‍​‍‌​‍​‌‍​‍‌ usually don’t consider the L-1A as one of their options, but it’s actually a pretty strong one if they have the right situation. This visa is for the transfer of executives, directors, or managers of a foreign company to a U.S. branch. 

How founders leverage it: first of all, they set up their startup outside of the U.S. After at least one year of operating in an executive or managerial capacity, a person can be transferred to a new or already existing company in the U.S.

One of the biggest perks the L-1A has over other visas is that it facilitates a very straightforward connection to the EB-1C green card. That’s the immigrant visa classification for multinational managers and executives on a permanent basis. Hence, it’s one of the quickest ways to get a green card for founders.

The downside is that the condition of running a foreign company before running a domestic one is quite inconvenient. If you’re already stationed outside the U.S. and your company is there, then this route naturally works for you. However, if you intend to start a business from scratch in the U.S., you’ll have to set up a business overseas first before you can move.

Besides that, USCIS is not very warm to L-1A petitions. You have to prove that the two companies – the US and the foreign ones are real businesses that are in operation. A shell company or a paper organization will not be able to pass.

The L-1A visa grants an initial stay of 1 year for new U.S. offices or 3 years for already established ones. It is possible to extend the stay for up to 7 years in ​‍​‌‍​‍‌​‍​‌‍​‍‌total.

4. EB-1A: Extraordinary Ability Green Card

The​‍​‌‍​‍‌​‍​‌‍​‍‌ EB-1A is essentially the green card version of the O-1A. It involves the same concept of “extraordinary ability” but ends in permanent residence rather than a temporary visa.

The evidence requirements are almost the same. You have to qualify for at least three out of ten criteria, which include achievements such as getting awards, publishing, making original contributions, judging others’ work, and having a high salary.

On many occasions, founders take the O-1A route first and then, with the same set of evidence, they file for the EB-1A. This way you get immediate work authorization while your green card case is in progress.

What is most advantageous about the EB-1A is that it does not require employer sponsorship or a labor certification. You have the option to self-petition, meaning you control the entire process. It is very important for founders who might not have a standard employer-employee relationship.

The waiting times for EB-1A change depending on the applicant’s country of birth. For the majority of countries, there is no significant backlog. However, those born in India or China have to wait for several years due to the per-country limits.

There is an option of premium processing for the I-140 petition, which results in a decision in about 15 business days. Nevertheless, the final issuance of the green card is still dependent on visa availability for your ​‍​‌‍​‍‌​‍​‌‍​‍‌country.

5. EB-5 Investor Visa

The EB-5 is the most capital-intensive option on this list. It requires an investment of at least $800,000 in a targeted employment area or $1,050,000 in other areas.

The investment must create at least 10 full-time jobs for U.S. workers. This can be done through a direct investment in your own business or through a regional center that pools funds from multiple investors.

For well-funded founders, the EB-5 offers a clear path to permanent residence without extraordinary ability requirements. The investment itself is the qualification. You don’t need prior achievements, awards, or a track record in your field.

The challenge is the capital requirement. Most early-stage founders don’t have $800,000 in personal funds to invest. And using VC funding for this purpose typically doesn’t work, since the money needs to be your own capital at risk.

Processing times are also a concern. EB-5 cases often take several years from start to finish. Backlogs for applicants from China and other high-demand countries add additional delays.

Regional center investments simplify the job creation requirement, since the center handles employment through its projects. But these investments carry their own risks, including fraud and project failure. Due diligence on the regional center is essential.

US Visas For Entrepreneurs: Choosing The Right Pathway

The right visa depends on three factors: your professional track record, your available capital, and your timeline.

If you have strong achievements in tech, the O-1A or EB-1A is usually the best fit. The O-1A gets you working immediately while you build toward permanent residence through the EB-1A.

If you have significant personal capital and want a more straightforward path, the E-2 or EB-5 may make sense. Just understand that the E-2 doesn’t lead to a green card on its own.

If you’re already running a business abroad, the L-1A offers a structured transition with a clear green card pathway through the EB-1C.

Most founders benefit from working with an immigration attorney who specializes in startup and entrepreneur cases. Choosing the right lawyer matters because the stakes are too high to navigate alone, and the wrong choice early on can close off better options later. 

The U.S. may not have a startup visa, but there are real pathways that work. The key is matching your situation to the right one.