What Are the Best Visa Options for Startup Founders?

October 14, 2025

Launching a startup in the United States is an ambitious goal for entrepreneurs worldwide. The process involves many steps, and navigating U.S. immigration law can feel overwhelming. At Zaveri Law Firm, we understand the complexities you face and are dedicated to providing clear, reliable guidance. Here are some of the most viable visa options for startup founders:

• E-2 Treaty Investor Visa: For nationals of treaty countries who invest a substantial amount of capital in a U.S. business.
• EB-1A Extraordinary Ability Visa: For founders with exceptional, documented achievements in their field, allowing self-petition.
• EB-5 Immigrant Investor Program: For entrepreneurs making a significant investment that creates jobs for U.S. workers.
• National Interest Waiver (NIW): A path to a green card for individuals whose work is of substantial merit and national importance to the U.S.

A Deeper Look at Your Visa Pathways

Understanding the details of each visa is the first step toward making an informed decision. We know this process can raise many questions, and our goal is to provide the answers you need.

The E-2 Treaty Investor Visa

The E-2 visa is a common choice for entrepreneurs from countries that have a treaty of commerce and navigation with the United States. To qualify, you must make a “substantial” investment in a new or existing U.S. business. While there is no set minimum amount, the investment must be sufficient to ensure the successful operation of the enterprise. To qualify, your business must be an active commercial enterprise. It cannot be marginal, which means it must demonstrate a current or future ability to generate sufficient income to support you and your family beyond a minimal living standard.

One of the key benefits of the E-2 visa is that it can be renewed indefinitely as long as the business continues to operate and meet the requirements. Spouses of E-2 visa holders can also obtain work authorization.

The EB-1A Extraordinary Ability Visa

If you are a startup founder with a record of extraordinary achievement in business, science, or the arts, the EB-1A visa may be an excellent option. This visa allows for self-petitioning, which means you do not need a job offer or an employer sponsor. However, the standard is high. You must provide extensive documentation proving sustained national or international acclaim, such as major awards, publications about your work, or evidence of a leading role in a distinguished organization.

The EB-5 Immigrant Investor Program

For founders able to make a significant financial commitment, the EB-5 program offers a direct path to a green card. The program requires a substantial investment in a U.S. commercial enterprise that creates or preserves at least 10 full-time jobs for qualifying U.S. workers. The required investment amount varies depending on the project’s location. The EB-5 process is complex and involves demonstrating that the investment funds were lawfully sourced.

How Do I Choose the Right Visa?

Determining which visa is right for your startup depends on several factors: your nationality, the nature and scale of your business, the amount of capital you can invest, and your professional background. Each path has unique requirements and potential hurdles.

A common question we hear is, “What are the processing times like for these visas?” Processing times can vary significantly. An E-2 visa application processed through a consulate can sometimes be decided in a few weeks, while EB-5 petitions can take several years due to high demand and backlogs.

Navigating the immigration process as an entrepreneur requires careful planning and a personalized strategy. The journey is complex, but you do not have to walk it alone. To understand which option best aligns with your goals, contact Zaveri Law Firm for a consultation. We are committed to helping you build your future in the United States.