The USA Has No Formal Startup Visa, But It Has Four Real Paths
Unlike the UK, France or Canada, the United States does not have a dedicated "startup founder visa". Congress has debated one since 2010, none passed. What funded founders actually use are four other immigration pathways that work in 2026:
- International Entrepreneur Rule (IER) parole - 30 months, renewable
- O-1A visa (extraordinary ability in business) - 3 years, renewable
- EB-1A green card (extraordinary ability, self-petition) - permanent
- EB-2 NIW green card (national interest waiver, self-petition) - permanent
This page covers what each program requires, who actually qualifies, and what funded Round Funded customers chose. Once you are in, browse 10,000+ active US investors on Round Funded to plan the next raise.
International Entrepreneur Rule (IER) - The Closest Thing to a Startup Visa
The IER is a parole program, not a visa, but it functions like a startup visa. USCIS authorizes you to stay and work in the US to grow your startup.
Who qualifies
- You own at least 10% of a US startup formed in the last 5 years
- The startup raised at least $311,071 from qualifying US investors in the past 18 months OR $124,429 in qualifying government grants
- You play a central role at the startup (founder, CEO, CTO, equivalent)
Cost and timeline
- Filing fee: $1,200 (Form I-941)
- Premium processing not available
- Typical timeline: 3 - 6 months
- Initial grant: 30 months. Renewable once for another 30 months.
The catch
IER is "parole", not a visa. It does not lead directly to a green card. If you want permanence, you need to convert to O-1A / EB-1A / EB-2 NIW during the 30 months.
O-1A - The Default Choice for Funded Founders
The O-1A visa is for "individuals with extraordinary ability in business" and is the path most funded founders actually take. The bar is high but not crazy if you've raised institutional capital.
Who qualifies
You need to meet at least 3 of 8 criteria. Funded founders typically meet:
- Major awards or prizes (YC acceptance, Techstars, EF, 500 Global all count)
- Membership in associations requiring outstanding achievement
- Published material about you in major media (TechCrunch, Forbes, Bloomberg interviews)
- Original contributions of major significance (patents, published research, industry-recognized product)
- Authorship of scholarly articles
- High salary relative to industry
- Critical role for distinguished organizations
- Commercial success (revenue numbers, valuation)
Cost and timeline
- Filing fee: $460 for the petition + $2,805 premium processing
- Lawyer cost: typically $5,000 - $12,000
- Premium processing decision: 15 calendar days
- Initial grant: 3 years. Renewable in 1-year increments indefinitely.
Why founders prefer it over IER
- No minimum funding threshold
- Lasts longer than IER (3+ years vs 30 months)
- Sets up the EB-1A green card conversion cleanly
- Spouse and kids get O-3 dependent visas, kids can attend US school
EB-1A and EB-2 NIW - Self-Petition Green Cards
If you want permanence, these are the two self-petition (no employer needed) green card categories.
| Path | Standard | Best for | Timeline |
|---|---|---|---|
| EB-1A | Extraordinary ability | Founders with strong press, YC/Techstars, traction | 6 - 18 months for I-140 + visa availability (current for most countries 2026) |
| EB-2 NIW | Advanced degree OR exceptional ability + national interest | Founders working in AI, biotech, climate, defense | 18 - 36 months total, longer wait for India / China nationals |
Both can be filed from within the US while on O-1A. Both let you keep working with no employer sponsor.
Where Round Funded Fits
You need US investor capital to qualify for IER (the $311k threshold). For O-1A / EB-1A you need acceptance into a "distinguished organization" - YC, Techstars, EF, 500 Global all count.
| Goal | Round Funded surface |
|---|---|
| Raise the $311k from US investors needed for IER | Round Funded - 10,000+ active US investors |
| Get into a US accelerator that counts for O-1A | Round Funded, Round Funded |
| Show "commercial success" for O-1A petition | Round Funded's outreach data demonstrates traction |
| Plan the post-visa US raise | Round Funded |
Browse 10,000+ active US investors on Round Funded →
Step-by-Step: From Foreign Founder to US Founder Visa
Six steps. End-to-end typical timeline: 6 - 18 months depending on path.
Step 1: Use Round Funded to raise $311k+ from US investors (or join a US accelerator)
For IER, raise $311,071+ from qualifying US investors. For O-1A, get into YC / Techstars / EF / 500 Global - acceptance alone meets multiple O-1A criteria. Start your investor outreach from Round Funded.
Step 2: Set up a Delaware C-corp before applying
Both IER and O-1A require a US entity. Stripe Atlas, Firstbase, Clerky handle this in 7 - 14 days for under $1,000.
Step 3: Engage an immigration attorney specializing in startup founders
This is not the area to DIY. Budget $5k - $15k. Firms with founder-specific practices: Frost Brown Todd, Wilson Sonsini Immigration, Boundless (mid-market), Curran Berger & Kludt.
Step 4: File the petition (IER Form I-941 or O-1A Form I-129)
Your lawyer files. You provide the evidence: investor names, term sheets, accelerator acceptance, press, patents, awards.
Step 5: Receive approval, then visa stamp at a US consulate (or border parole for IER)
If you're outside the US: schedule a visa interview at your local US consulate. If you're already in the US on another visa: file to change status.
Step 6: Move to the US, start operating, plan the green card conversion
O-1A lasts 3 years. Within those 3 years, file the EB-1A or EB-2 NIW green card petition. Both can be filed from inside the US while you keep working.
Frequently Asked Questions
Can I use IER if I raised from non-US investors?
The $311,071 must come from "qualified US investors". Definition: US-based VCs, angels, accelerators that have made qualifying investments before. Most large US funds qualify by default; check with your lawyer. Once you have a US C-corp, you can use Round Funded to find qualifying US investors.
Do I need a US co-founder to apply for these visas?
No. All four paths (IER, O-1A, EB-1A, EB-2 NIW) can be filed by a single non-US founder. A US co-founder helps for IER (the entity needs US presence) but is not legally required.
What if I have already raised from a US accelerator like YC?
YC, Techstars, EF and 500 Global acceptance counts as "membership in an association requiring outstanding achievement" for O-1A. Combined with media coverage and traction, this is usually enough. See Round Funded for the active list.
How long does the O-1A actually take in 2026?
With premium processing (mandatory for founders): 15 calendar days from filing to decision. Add 4 - 8 weeks for the consulate interview if you're outside the US. Total: 6 - 10 weeks.
Can my spouse work on O-1A?
Yes. The O-3 dependent visa for spouses does not allow work initially, but the spouse can convert to their own work-authorized status (H-1B, O-1, etc.) once in the US.
What happens if my startup fails while I'm on IER or O-1A?
IER: parole can be revoked if the company shuts down. You have 60 days to leave the US or change status. O-1A: same 60-day grace period applies after employment ends. This is why most founders convert to EB-1A green card during the first 24 months.
Can I work for another US company on these visas?
O-1A is petition-specific. You can only work for the petitioning company (your startup) unless you file an amendment. IER is the same.
Final Word
There is no shortcut. The four legal paths require either funding ($311k for IER), institutional accelerator backing (O-1A), or extraordinary credentials (EB-1A). Round Funded helps with the first two by giving you a working list of US investors and accelerators.
Start your US raise to qualify for IER on Round Funded →
Stop guessing the US visa maze. Find your US investors on Round Funded.
