Which U.S. Work Visa Should Your Startup Choose?
Once you or a team member is ready to relocate to the U.S., the next crucial step is navigating the immigration process. This is where working with an immigration specialist becomes essential. The visa journey doesn’t hinge on where your company is incorporated it’s your nationality that determines your eligibility, visa options, and duration of stay.
Your immigration advisor should help assess the chances of approval for each individual on your landing team. It’s important to note that less-experienced hires may face a higher burden of proof, so you'll need to make a strong case for each employee. This includes factors like their title, salary, organizational role, and any unique skills they bring to the table.
The Main Visa Routes for Startups
There are five primary U.S. work visa options for startups, but most choose from the E-1, E-2, or L-1categories. Here's a breakdown of each:
E-1Visa: Treaty Traders
Best for: Startups with significant trade between their home country and the U.S.
Often overlooked, the E-1 visa can be a great fit for startups that qualify. To be eligible:
- At least 50% of the company must be owned by nationals of the same country as the visa applicant.
- At least 50% of the company’s international trade must be with the U.S.
- The visa is processed through the local U.S. embassy, which can speed things up.
- Applicants must be nationals of a treaty country.
- Available to owners, executives, managers, and essential employees who share the principal applicant’s nationality.
Perks:
- Valid for up to 5 years with indefinite extensions.
- Spouses can apply for work authorization in the U.S.
E-2Visa: Treaty Investors
Best for: Startups making a significant investment in the U.S.
This is the most popular visa for early-stage startups. Like the E-1, it requires nationality from a treaty country—but instead of trade, it’s about investment:
- You must demonstrate a substantial investment in your U.S. business. While there’s no fixed minimum, $100,000 is often cited as a benchmark, though successful cases have occurred with as little as $50,000.
- The funds must be at risk and committed to the U.S. enterprise.
Important to note: The E-2 is a non-immigrant visa and does not provide a direct path to a green card.
Perks:
- Long-term visa validity and indefinite renewals.
- Flexibility for hiring and relocating staff.
- Spouses may apply for work authorization.
L-1Visa: Intracompany Transferee
Best for: Established international companies transferring senior staff or specialists.
The L-1 visa enables companies to transfer employees from an overseas office to a U.S. branch. To qualify:
- The employee must have worked for the company for at least one year.
- They must be an executive, manager, or possess specialized knowledge—a higher bar than the E visas.
Key facts:
- Valid for up to 3 years initially, extendable to a max of 7 years (or 5 years for specialized knowledge).
- After a year outside the U.S., individuals may reapply.
- Spouses may also obtain work authorization.
H-1BVisa: Specialty Occupation
Best for: Highly skilled employees in technical roles—but expect a gamble.
The H-1B is perhaps the most well-known U.S. work visa—but also the most unpredictable:
- It’s capped annually and awarded via lottery.
- Around 40% of applicants are successful (higher if they hold advanced degrees).
- Applications are submitted in March for an October start.
Drawbacks:
- Long wait times.
- Uncertainty due to lottery system.
- Historically limited spousal work rights (though this has been changing).
O-1Visa: Extraordinary Ability
Best for: Founders or individuals with top-tier achievements.
This is a niche visa, but powerful for those who qualify:
- Must demonstrate extraordinary ability or achievement in your field—typically backed by media coverage, major funding rounds, or industry recognition.
Limitation:
- Not suitable for relocating multiple employees.
- Requires compelling evidence that the individual is among the top in their field.
What You'll Need for Any Visa Application
Regardless of the visa route, you’ll need to gather substantial documentation. This typically includes:
- Articles of Incorporation and ownership documents.
- National business filings (e.g., Companies House AR01 in the UK).
- Proof of investment into the U.S. entity (leases, IP, bank statements, etc.).
- Evidence the U.S. entity is active—licenses, marketing materials, contracts.
- A detailed business plan with a five-year forecast and startup cost breakdown.
Final Thoughts
Choosing the right visa is a strategic decision that can shape your expansion into the U.S. market. While the E-1 and E-2 visas are often the most founder-friendly, the right choice depends on your team's structure, your company’s history, and your international operations.
Work closely with an immigration expert to map out your best route—and get your documentation in order early to avoid surprises. At In2America we are happy to introduce you to our Partners who can walk you through every step of this process and ensure you are making the right decisions.