The United States remains the single largest market a founder can build into, and for many international entrepreneurs a US presence is less an option than a milestone. The immigration side of that move, however, is where ambitious plans most often stall. The US has no single “startup visa”, and the route that actually fits a founder is rarely obvious from the outside.
These two questions — which visa, and whether it leads anywhere permanent — are bound up with how the US business itself is structured. Several of the routes founders rely on exist only because there is a qualifying US entity behind them. WVT’s attorneys and tax advisors help international founders plan the corporate and immigration sides together, so the company and the people behind it move on a single timeline.
This guide explains how the US system is organised, the main routes available to founders and their teams, how temporary status can lead to permanent residence, and why the US entity belongs at the start of the plan.
There Is No Single ‘Startup Visa’ — How the US System Actually Works
The first thing to understand is that US immigration is built from many separate categories rather than one entrepreneur route. Broadly, they divide into nonimmigrant visas, which grant temporary status for a specific purpose, and immigrant visas, which lead to a green card and permanent residence.
A second distinction matters for founders. Some routes are petition-based, meaning a US employer — often the founder’s own company — files with US Citizenship and Immigration Services (USCIS) on the applicant’s behalf. Others are treaty-based, available to nationals of countries that hold the relevant commercial treaty with the United States. Knowing which family a route belongs to tells you what the company must do, and how long it is likely to take.
Temporary Routes for the Founder
The E-2 treaty investor visa. For nationals of treaty countries, the E-2 allows an entrepreneur who invests a substantial amount in a US business to live in the United States and run it. It is among the more flexible founder routes, though it depends on holding a qualifying nationality and on the business being active and genuine rather than passive.
The L-1 intracompany transfer. Where a founder already runs a business outside the US, the L-1A route allows them to transfer into a US entity as an executive or manager — frequently used to open a new US office of an existing foreign company. It requires a qualifying relationship between the foreign and US entities, which is one of the clearest reasons the US company has to be structured correctly from the outset.
The O-1 visa. For founders with a strong record of recognition in their field, the O-1 “extraordinary ability” route is increasingly used, and a founder-owned company can file the petition on the founder’s behalf.
International Entrepreneur Parole. A narrow route allowing certain startup founders to remain temporarily where the venture can show significant US investment or funding. It offers no direct path to a green card and is used comparatively rarely, but can suit specific cases.
Bringing Your Team
Staffing a US operation with non-US talent runs through similar petition-based routes.
The L-1 visa extends beyond the founder to executives and managers (L-1A) and specialised-knowledge employees (L-1B) moving from the foreign business into the US entity.
The H-1B specialty occupation visa is the best-known employer-sponsored route for professional roles, but it is subject to an annual lottery and a cap, which makes it unpredictable as a primary plan.
The O-1 is also available to key hires with the necessary record of achievement, and the E-2 can cover employees who share the founder’s treaty nationality and fill an executive, supervisory, or essential-skills role.
From Visa to Green Card: Permanent Residence for Founders
For founders who intend to stay, the more important question is how a temporary visa connects to permanent residence.
EB-1C multinational manager. Founders who entered on an L-1A and built a genuine US operation can often pursue this category, which does not require labour certification and mirrors the L-1A’s corporate logic.
EB-2 National Interest Waiver and EB-1A. Both allow a founder to self-petition without employer sponsorship — the EB-2 NIW where the work is in the national interest, and the EB-1A where the founder can evidence extraordinary ability.
EB-5 immigrant investor. For founders with substantial capital, a direct investment route to a green card, conditioned on the level of investment and the creation of US jobs.
At a glance: the main routes
| Route | Type | Best suited to | Notable feature |
|---|---|---|---|
| E-2 treaty investor | Temporary (treaty) | Founders from treaty countries investing in a US business | Flexible; needs qualifying nationality |
| L-1A intracompany transfer | Temporary (petition) | Founders and executives expanding a foreign company to the US | Requires a qualifying foreign–US entity link |
| O-1 extraordinary ability | Temporary (petition) | Founders with a strong record of recognition | Founder-owned company can file |
| H-1B specialty occupation | Temporary (petition) | Professional and specialised roles | Annual lottery and cap |
| International Entrepreneur Parole | Parole | Funded startup founders | No direct green-card path |
| EB-1C multinational manager | Green card | Executives and managers of multinational groups | No labour certification |
| EB-2 NIW / EB-1A | Green card | Founders qualifying on merit | Self-petition; no employer needed |
| EB-5 immigrant investor | Green card | Founders with substantial capital | Investment plus US job creation |
Why Your US Entity Comes First
The thread running through almost every founder route is the US company. The L-1 new-office route, the E-2, and the EB-1C green card all assume a properly formed and correctly related US entity — and getting the entity type, ownership, and intercompany relationship right at the start determines which immigration routes remain open later.
This is why incorporating a US company should be planned alongside the immigration strategy rather than treated as a separate administrative step. The choice between an LLC and a C-corporation, the way a foreign parent relates to the US subsidiary, and how the founder’s role is defined all carry immigration consequences. Working with a corporate lawyer in the United States at the formation stage keeps the corporate structure and the visa plan aligned, rather than surfacing a mismatch once petitions are already filed.
How WVT’s Attorneys and Tax Advisors Support Your Move to the United States
WVT advises international founders, entrepreneurs, and groups on establishing themselves and their businesses in the United States, treating the corporate structure and the people behind it as a single project. Our attorneys and tax advisors guide clients through US entity formation, ownership and tax structuring, and cross-border group design, and advise on how the entity should be set up so that the relevant visa and green card routes can follow.
Because we work with a high proportion of clients structuring across the US and Europe, we are familiar with the routes that matter most to internationally mobile founders, and we coordinate the corporate, tax, and immigration steps so they reinforce rather than delay one another.
If you are planning to bring yourself or your business to the United States, the most valuable conversation happens before the entity is formed, when the structure can still be shaped around your immigration plan.
To discuss establishing your business and your team in the United States, contact WVT’s attorneys and tax advisors for an initial consultation.
