EPRA LEGAL PLLC · NY · TX

Founder Visa Guide

O-1 & E-2 Visas for Tech Founders

The founder's guide to a US visa.

A practical guide for international tech founders and startup entrepreneurs to the two visas that actually fit the founder profile — the O-1 extraordinary ability visa and the E-2 treaty investor visa — plus an honest read on when the H-1B is (and isn't) worth pursuing. Filed and managed remotely from a New York and Texas firm built for founders working across time zones.

o-1a

O-1A — Extraordinary Ability

The founder visa for a demonstrable track record.

The O-1A is the most flexible option for tech founders with a documented record of achievement. It has no annual cap, no lottery, and no minimum investment. It requires evidence of extraordinary ability across at least three of the regulatory criteria — press coverage in major outlets, judging or advisory roles, original contributions of major significance, high remuneration, membership in selective organizations, or authorship of scholarly work. For founders, we typically build the petition around funding announcements, patents or technical contributions, media coverage, speaking engagements, and comparable-salary or equity data. A well-prepared O-1A for a virtual-ready founder can be filed from anywhere and approved in weeks with premium processing.

  • ◆No annual cap, no lottery, three-year initial validity
  • ◆Best for founders with press, funding, patents, or awards
  • ◆Petition supported by expert opinion letters and independent evidence
  • ◆Premium processing available
  • ◆Path to EB-1A green card using overlapping evidence
e-2

E-2 — Treaty Investor

The visa for founders who fund and run a real US business.

The E-2 lets nationals of treaty countries invest in and direct a US business — a natural fit for founders forming a Delaware C-Corp or New York/Texas LLC and putting real capital to work. There is no fixed dollar floor, but the investment must be 'substantial' and 'at risk,' fund operations (not just legal fees or bank balances), and produce more than marginal income. For tech startups, we document the substantial-investment test with committed capital, executed leases or SaaS agreements, engineering hires, and a five-year business plan. E-2 status is renewable indefinitely as long as the business operates.

  • ◆Requires treaty-country nationality (UK, most EU, Japan, Korea, and many others)
  • ◆Substantial, at-risk, non-marginal investment in a US entity
  • ◆Indefinite renewals; spouses may receive open work authorization
  • ◆Fast turnaround at many US embassies (weeks, not months)
  • ◆Works well paired with a Delaware C-Corp or NY/TX operating entity
h-1b

H-1B — Specialty Occupation

Possible for founders, but rarely the fastest path.

The H-1B is not a founder visa by design. USCIS accepts founder H-1Bs when the startup can show a bona fide employer-employee relationship — usually through an independent board, investors, or a co-founder with authority to hire, supervise, and terminate the founder-employee. The role must qualify as a specialty occupation and the salary must meet the prevailing wage. Even for well-structured petitions, the annual lottery makes timing unpredictable. Most funded founders we work with pursue O-1 or E-2 first and treat H-1B as a supplemental path.

  • ◆Requires bona fide employer-employee relationship — often via board oversight
  • ◆Specialty occupation test tied to the role, not the industry
  • ◆Subject to annual cap and lottery (with limited cap-exempt exceptions)
  • ◆Prevailing wage and Labor Condition Application requirements
  • ◆Often better used alongside — not instead of — O-1 or E-2

Our Remote-First Process

Five steps, run across time zones.

01

Strategy call

One video call to map your background, funding stage, treaty eligibility, and timing. We pick the primary visa path and any backup.

02

Evidence build

Shared drive, checklists, and interview drafting done asynchronously across time zones. Expert opinion letters coordinated in parallel.

03

Petition drafting

Petition, exhibits, and supporting brief written to the specific adjudicator standard (O-1 criteria, E-2 substantial investment, or H-1B specialty occupation).

04

Filing & processing

USCIS filing with premium processing where available, or direct consular filing for E-2 at your embassy of choice.

05

Interview & entry

Consular interview prep, entry planning, and post-approval steps — I-94, SSN, dependents, and (if desired) EB-1A/EB-2 NIW planning.

Scenarios

Example E-2 and O-1A scenarios

O-1A — AI infrastructure founder

Seed-stage founder with major-outlet press, a granted patent, and speaking slots at industry conferences.

E-2 — SaaS founder

$140,000 committed to a Delaware C-Corp with executed engineering contracts and a New York office lease.

O-1A → EB-1A — Fintech founder

Initial O-1A used as the evidentiary spine for an EB-1A green card 18 months later. Same funding, press, and judging evidence, restructured against EB-1A standards. O-1A is a great starting point for green card.

E-2 — Restaurant franchise

A Canadian citizen invests ~$250,000 to open a fast-casual franchise in Austin, TX. Funds are committed (lease signed, franchise fee paid, equipment purchased), the business will employ 8–10 U.S. workers, and the investor will direct daily operations. Substantial, at-risk investment in a real operating enterprise — classic E-2.

E-2 — Vancouver software firm expanding to New York

A Canadian-owned software company invests ~$150,000 to establish a U.S. subsidiary in NYC: office lease, hired developers, U.S. marketing spend. The founder (Canadian citizen, majority owner) enters as the E-2 investor; key Canadian employees in executive or essential-skills roles can also qualify for E-2 employee visas.

E-2 — Trucking company owner

Owner of Ontario-based trucking company invests ~$300,000 to establish a U.S. operation in Dallas, TX. The investment is committed and at risk: two used Class 8 trucks purchased (~$180,000), a leased terminal/yard space, USDOT and MC operating authority obtained, insurance bound, and dispatch software licensed. The company has signed carrier agreements with two U.S. freight brokers, giving it revenue from day one.

Case examples are anonymized composites for illustration; past results do not guarantee similar outcomes.

FAQ

Founder visa questions we hear most.

Can a solo tech founder qualify for the O-1 visa?

Yes. Solo founders regularly qualify when we document extraordinary ability across at least three of the O-1A criteria.

What is the minimum investment for an E-2 visa?

There is no statutory minimum, but the investment must be substantial and proportional. For tech startups, well-documented investments starting around $100,000–$150,000 that fund real operations are commonly approved.

Can I run the visa process entirely remotely?

Yes. Evidence gathering, drafting, and strategy happen over secure video and e-signature. Only the consular interview itself requires an in-person visit.

Ready to map your founder visa strategy?

Book a consultation — we'll walk through O-1, E-2, and (where it fits) H-1B against your background and timing.

No attorney-client relationship until retained.

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