Quick answer: There is still no dedicated U.S. "startup visa." Most founders in 2026 build their case around the O-1A extraordinary ability visa for temporary status, and either EB-1A or EB-2 NIW for a self-petitioned green card. Founders who don't yet meet the extraordinary ability bar but have real funding can consider the International Entrepreneur Rule, which grants parole rather than a visa. The calculation changed materially in September 2025, when a new $100,000 fee made the H-1B impractical for most early-stage companies.
Why H-1B Fell Out of Favor for Founders
A presidential proclamation effective September 21, 2025 imposed a $100,000 fee on new H-1B petitions for beneficiaries applying from outside the U.S., against a base government filing fee that had been around $3,380 for large employers. The fee doesn't apply to extensions or changes of status for workers already in valid U.S. status, but for a new founder trying to secure their own visa, it turned what was once a viable (if lottery-dependent) path into a nonstarter for most pre-seed and seed-stage companies. That shift pushed founder attention toward the O-1A, which was already gaining traction for its lack of an annual cap or lottery.
Comparing the Main Pathways
| Pathway | Type | Best For | Cap / Lottery | 2026 Key Facts |
|---|---|---|---|---|
| O-1A | Nonimmigrant visa (temporary) | Founders who can document extraordinary ability: awards, press, funding, leadership, judging others' work, etc. | No cap, no lottery | Historical approval rate around 91–94%; has become the default founder pathway since the H-1B fee hike |
| EB-1A | Immigrant visa (green card) | Founders with an O-1A-caliber record who want permanent status without employer sponsorship | Annual per-country limits apply, but no employer petition required | Self-petitioned; evidence built for an O-1A often maps directly onto an EB-1A filing |
| EB-2 NIW | Immigrant visa (green card) | Founders whose work serves the "national interest" but who may not fully meet EB-1A's higher extraordinary-ability bar | Annual per-country limits apply | Self-petitioned; generally a lower evidentiary bar than EB-1A, but still requires a strong case |
| International Entrepreneur Rule (IER) | Parole (not a visa) | Early-stage founders with real outside investment who don't yet meet extraordinary-ability standards | Not applicable — discretionary parole | Requires the startup be under 5 years old, founder owns 10%+ and plays an active role; requires $311,071 in qualified investment or $124,429 in government grants; grants up to 30 months, renewable once for another 30 months |
Which Pathway Fits Your Situation?
Loading diagram…
A Closer Look at the International Entrepreneur Rule
The IER is parole, not a visa, which is an important distinction: it doesn't lead directly to a green card and must be renewed within its structure. To qualify, your startup must have been formed within the past five years, you must own at least 10% of the company and hold an active, central role in its operations, and the company must show substantial potential for growth through one of two paths: at least $311,071 in investment from qualified U.S. investors with an established track record, or at least $124,429 in government grants or awards from federal, state, or local agencies. These thresholds were last adjusted for inflation on October 1, 2024, and under USCIS's triennial adjustment schedule, they aren't due to change again until October 2027, so they remain the applicable figures through 2026. Approved applicants receive up to 30 months of parole, renewable once for an additional 30 months, and a spouse may apply for work authorization once paroled in.
Build Your Case Before You Need It
The evidence that supports an O-1A or EB-1A case, press coverage, funding announcements, awards, speaking engagements, judging roles, doesn't happen by accident. Founders who start documenting these things early, months before they need to file, tend to have far stronger cases than those who scramble to assemble a record after a visa deadline is already looming. An immigration attorney can help you identify what you already have and what's still missing.
This article is for general informational purposes and does not constitute legal advice. Visa categories, fees, and thresholds are subject to change. Contact our office to discuss which pathway fits your company.
Sources: USCIS — International Entrepreneur Rule · USCIS — Triennial Investment and Revenue Threshold Updates for the International Entrepreneur Rule · Northeastern University — H-1B Visa Fee Hike Could Hit Tech Startups Hardest · CDF Labor Law — USCIS Clarifies the $100,000 H-1B Visa Fee
Frequently Asked Questions
Can I qualify for an O-1A if my startup is pre-seed with no revenue yet?
Yes. Funding stage doesn't determine O-1A eligibility on its own. USCIS evaluates evidence against eight regulatory criteria, and typical startup achievements, press coverage, judging roles, original contributions, or leading roles at a distinguished organization, can satisfy them even before meaningful revenue exists.
Is the International Entrepreneur Rule the same as a green card?
No. It's discretionary parole that allows you to live in the U.S. and run your company for up to five years total (two 30-month periods), but it doesn't independently convert to permanent residence. Many founders use the time it buys to build toward an O-1A or EB-1A case.
What's the real difference between EB-1A and EB-2 NIW for a founder?
EB-1A requires a higher evidentiary showing of extraordinary ability but doesn't require proving your work serves the "national interest." EB-2 NIW has a somewhat lower bar on the individual achievement side but requires demonstrating your work has substantial merit and national importance. Which fits better depends heavily on your specific evidence.
Does the $100,000 H-1B fee apply to startups already sponsoring H-1B employees?
The fee applies to new H-1B petitions for beneficiaries outside the U.S., not to extensions or changes of status for workers already in valid status. Existing H-1B employees already in the U.S. are generally not subject to it for extensions, but new hires from abroad are affected.
Can I hold O-1A status and later self-petition for EB-1A at the same company I founded?
Yes, this is a common sequence. Because both categories evaluate similar evidence of extraordinary ability, founders often build their O-1A record with an eye toward reusing it for an EB-1A green card petition later.
This article is for general informational purposes only and does not constitute legal advice. Immigration law and agency policy are subject to change; consult a licensed immigration attorney about your specific case. Immigration Ascent is a division of Gillespie, Shields and Taylor. Content on this website is for general information and does not constitute legal advice. Reading this site or contacting us does not create an attorney-client relationship. Communications are governed by our Privacy Policy and Terms of Service. Contact: pranavsai52@gmail.com.