US Visas for Founders: How Can Non-US Founders Apply?

Non-U.S. founders seeking to run startups in the United States can explore several visa options tailored for entrepreneurs. While there is no “gaming the system,” understanding the legal pathways and optimizing your approach is key. Here's an overview of viable options and suggestions:

1. Visa Options for Entrepreneurs

a. International Entrepreneur Parole (IEP)

• Eligibility: This program allows founders of startups with significant potential for rapid growth to work in the U.S. if their company:

o Received significant funding from U.S.-based investors or grants.

o Can show it will provide public benefits through job creation or innovation.

• Duration: Initial approval for up to 30 months, with the possibility of a 30-month extension.

• Challenges: The program is not a visa; it's a parole status and has administrative uncertainty due to its discretionary nature.

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

• Eligibility: For founders with exceptional achievements in business, science, or other fields. Founders can demonstrate their expertise by:

o Showing evidence of venture funding.

o Highlighting published articles, media coverage, or awards.

o Documenting leadership in significant projects.

• Advantages: Flexible and renewable for individuals who qualify.

c. E-2 Visa (Investor Visa)

• Eligibility: For individuals from countries with treaties of commerce and navigation with the U.S. who:

o Make a significant investment in a U.S.-based enterprise.

o Have at least 50% ownership of the business.

• Challenges: Limited to treaty countries; not all founders may qualify.

d. H-1B Visa (Specialty Occupations)

• Eligibility: A founder can hire themselves under their startup, provided the company can demonstrate:

o A clear employer-employee relationship.

o The ability to pay the required wage.

o A job requiring specialized skills.

• Challenges: Subject to the annual H-1B lottery unless exempt (e.g., working for a non-profit or research organization).

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

• Eligibility: For founders who:

o Own or work for a company abroad and want to open a U.S. branch, subsidiary, or affiliate.

o Have worked for the foreign company for at least one year in the past three years.

• Challenges: Requires the foreign entity to remain operational.

f. EB-5 Visa (Immigrant Investor Program)

• Eligibility: For those who invest at least $1.05 million (or $800,000 in targeted areas) in a U.S. business that creates or preserves 10 full-time jobs.

• Advantages: Leads directly to a green card.

• Challenges: High financial threshold.

2. Can the System Be “Gamed”?

It’s not advisable or ethical to game the system. U.S. immigration laws are complex, and attempting to misrepresent information or misuse visa categories can lead to severe consequences, including denial of visas, deportation, or bans on reentry. Instead, founders should focus on strategic planning within the bounds of the law.

3. Alternative Courses of Action

a. Accelerators and Incubators

• Some U.S.-based accelerators (e.g., Y Combinator, Techstars) provide support for obtaining visas for their participants.

• Participation in these programs adds credibility to visa applications.

b. Remote Setup with U.S. Expansion

• Set up the startup in the U.S. while running operations remotely from your home country. Later, apply for a visa to oversee U.S. operations.

• Use tools like Stripe Atlas for easy U.S. business incorporation.

c. Partnering with U.S. Citizens or Residents

• Bring on a U.S.-based co-founder or executive who can handle local operations while you work remotely or explore visa options.

d. Leveraging Education Visas

• Enroll in a U.S. educational program (e.g., an MBA) to gain an F-1 visa and build connections in the startup ecosystem.

• Use the Optional Practical Training (OPT) or STEM OPT extensions to work on your startup.

4. Recommended Actions

• Consult Immigration Attorneys: Work with attorneys specializing in business immigration to identify the best pathway for your situation.

• Build Credibility: Secure funding, partnerships, and endorsements to strengthen your visa application.

• Consider Long-Term Solutions: If your startup succeeds, explore pathways to permanent residency (e.g., EB-1 or EB-2 NIW).

Ethical and legal compliance is crucial for long-term success. Any shortcuts could jeopardize your ability to live and work in the U.S.