Explore U.S. visa options for tech founders including O-1, H-1B, L-1, EB-1A, and EB-2 NIW. Learn how Beyond Border helps entrepreneurs navigate the best path to launch and scale in the U.S.
So You’re a Tech Founder Looking to Move to the U.S.?
Building a startup is already a significant undertaking. Add U.S. immigration planning to that, and the process can feel complex. Whether you're seeking access to U.S. investors or expanding your operations, selecting the right visa is both a legal and strategic business decision.
This guide outlines the main U.S. visa options for tech entrepreneurs in practical terms. By the end, you'll have a clear sense of which pathway may align with your background—and how to proceed with expert support from Beyond Border.
If you're a tech founder with substantial recognition, awards, or consistent media presence, the O-1 visa may be a strong fit. It’s intended for individuals with “extraordinary ability” in technology, science, or business.
You’ll need to demonstrate:
For example, this option often suits founders who have led pioneering projects, achieved strong visibility, or built significant companies. The O-1 also provides flexibility and relatively fast processing.
Once your petition is submitted, you can monitor its progress via the USCIS portal.
Not sure if your profile qualifies? Beyond Border provides personalized evaluations to help determine your O-1 readiness.
If you’ve already launched a company outside the U.S. and now plan to establish or scale a U.S. branch, the L-1 visa may be appropriate.
There are two categories:
To be eligible, your international business must be at least one year old, and you must have worked there in a qualifying role for at least one continuous year in the past three years.
L-1A is particularly relevant for early-stage or growth-stage startups with global expansion goals. It also offers a pathway to a green card under the EB-1C category.
If you're still developing your international footprint, Beyond Border can help you plan your expansion with immigration in mind.
The H-1B visa is one of the most widely known U.S. work visas—but it comes with challenges for entrepreneurs.
Key considerations include:
Despite the hurdles, some founders make this option work—especially if there’s a board or co-founder structure providing sufficient oversight. H-1B may serve as a transitional option, particularly for startups planning ahead.
Given the lottery timeline, early preparation is essential. Connect with Beyond Border to evaluate this route and prepare your application.
EB-1A Green Card: Permanent Residency for High-Achieving Founders
The EB-1A green card is for individuals with “extraordinary ability” and offers a direct route to permanent residency.
Like the O-1, eligibility requires meeting at least 3 out of 10 criteria—such as media coverage, national awards, or original contributions—but with more extensive documentation.
This path often fits founders who have raised substantial funding, led major innovations, or received invitations to evaluate or speak at high-level industry events.
If approved, EB-1A allows you to secure permanent residency without needing a U.S. job offer or employer sponsorship. Interested in this route? Beyond Border can help evaluate your case and assist in preparing a compelling petition.
Learn more about EB-1A and processing timelines on the official USCIS website.
For mission-driven founders whose work serves the U.S. public interest, the EB-2 National Interest Waiver (NIW) offers a self-petitioning green card pathway.
It is particularly suited for:
You must demonstrate:
Unlike the H-1B, you don’t need sponsorship. Unlike the L-1, you don’t need a foreign company. That’s why the NIW has become increasingly popular among solo founders building impactful solutions.
Need guidance assembling evidence or drafting your personal statement? Beyond Border specializes in NIW strategy and document preparation.
Which Visa Is Right for You?
There is no universal option—but here’s a simplified breakdown:
If you’re unsure which visa suits your situation, Beyond Border can evaluate your goals, funding, and business stage to recommend the best approach.
Can I apply for more than one visa at a time?
Yes. Many founders pursue an O-1 for short-term entry while simultaneously preparing EB-1A or EB-2 NIW petitions for permanent residency.
What if I don’t meet O-1 or EB-1A standards yet?
You can build your profile over time—through media exposure, public engagements, and expert recommendations. Beyond Border offers tailored strategies to help you work toward eligibility.
Can I switch from O-1 to a green card later?
Yes. Many founders start on O-1 status and later transition to EB-1A or EB-2 NIW once they meet criteria for permanent residency.
Do investors assist with visa applications?
Not directly. However, fundraising rounds and investor support may strengthen your case by demonstrating business credibility and impact.
How long does an NIW petition take?
Typically between 12–16 months, though premium processing may shorten this timeline. We recommend starting early to avoid delays.
The visa pathway you choose can shape your ability to raise capital, scale operations, and secure long-term presence in the U.S. Aligning your immigration plan with business goals is essential.
Whether you're an early-stage founder or scaling your Series A startup, Beyond Border helps forward-thinking entrepreneurs choose smart, effective immigration strategies that support growth.
