Visa Options for International Founders: How to Move to the U.S. to Join Your Startup

Sophie Alcorn, an award-winning Certified Specialist Attorney in Immigration and Nationality Law, provides expert guidance for global entrepreneurs seeking to relocate to the U.S. to grow their startups. With extensive experience in Silicon Valley immigration law, Sophie helps founders navigate complex visa processes while maintaining compliance.

The Founder’s Dilemma: Relocating to Scale Your Business

Question: “I’ve co-founded a Boston-based biotech startup while living in Pakistan for five years, while my co-founder operates in the U.S. Now I want to relocate to expand our business. What are my visa options?”

— Ambitious Founder

Key Considerations Before Applying

1. Legal Guidance is Essential: Work with an immigration attorney to navigate the process and prepare for consular interviews (though interview waivers may be available through 2023).
2. Business Viability Matters: Your startup must demonstrate operational stability and growth potential.
3. Country-Specific Factors: Processing times and availability vary significantly by nationality.

Top Visa Pathways for Startup Founders

1. L-1A Visa: For Executives & Managers

Best for: Founders transferring to an existing U.S. office or establishing a new one.

Requirements:

• At least one year of continuous employment with the company abroad
• Executive/managerial role in the U.S. entity
• Physical U.S. office location
• Business plans and organizational charts

Benefits:

• Initial 3-year validity (extendable to 7 years total)
• Direct path to EB-1C green card

Note: Indian and Chinese nationals face significant green card backlogs in this category.

2. O-1A Visa: Extraordinary Ability

Best for: Highly accomplished founders with notable achievements.

Qualification Standards:

• Nobel/Olympic-level award OR
• Meet 3+ of 8 criteria including:
  • Major awards or VC funding
  • Published work in prestigious media
  • Judging others’ work in your field
  • Significant field contributions (e.g., patents)
  • Critical role in distinguished organizations

Advantages:

• No maximum stay limit
• No physical office requirement
• Pathway to EB-1A green card

3. E-2 Treaty Investor Visa

Best for: Founders from treaty countries (including Pakistan) making substantial U.S. investments.

Key Aspects:

• Majority ownership must remain with treaty country nationals
• Typical investments start around $100,000
• No set minimum investment amount
• Can include intellectual property transfers

Considerations:

• Requires demonstration of non-immigrant intent
• No direct green card path, but EB-1A remains an option
• Renewable indefinitely with qualifying business activity

Green Card Pathways for Long-Term Plans

EB-1C (Multinational Executives)

• Requires L-1A status and one year of U.S. employment
• Currently available for Pakistani nationals (backlogs affect Indian/Chinese applicants)

EB-1A (Extraordinary Ability)

• Similar standards to O-1A but more stringent
• Allows self-petitioning (no employer sponsorship needed)

Strategic Recommendations

1. Assess Your Qualifications: Objectively evaluate which visa categories align with your background.
2. Plan for Growth: Consider how future funding rounds might affect E-2 eligibility.
3. Start Early: Begin green card processes well before visa expiration dates.
4. Document Everything: Maintain thorough records of achievements, media coverage, and business milestones.

“International founders bring invaluable innovation to the U.S. economy,” notes Sophie Alcorn. “With proper planning and legal strategy, you can successfully relocate to grow your startup while complying with immigration requirements.”

Have immigration questions about your startup? Submit them here for potential inclusion in future columns.

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