Which visa should you use to move to the US?

There are four common visas founders use to move to the US. The right one depends on your situation. Tick what applies below, and we’ll show you which one fits.

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Visiting on a B-1

A B-1 lets you take meetings, attend conferences, negotiate contracts and talk to investors. It doesn’t let you write code for your US company, get a US salary or run the business day to day. Airport checks have also got stricter since 2025, so read the tips below before you go.

Interview wait times depend on where you apply. Some places take a few weeks. Others take more than a year. If your country has more than one US consulate, check them all, since some are much faster. You pay the fee once and can usually reschedule as often as you like. If you already have a valid B1/B2 visa, you can skip this step.

At the airport, the officer will ask why you’re visiting. Your answer should be meetings and conferences, because that’s what a B-1 covers. Bring three things: a return ticket, a printed list of your meetings, and papers that show your life is still back home: a lease or property papers, your company’s registration, or a letter from your job. Officers can see your past trips and what’s public about you online. Give the same answers every time.

Building your O-1A case

This is the visa most founders use. It’s meant for people with “extraordinary ability,” which sounds hard to prove. In practice, it’s about collecting the right evidence. The US government lists eight types of proof, and you need three. The only exception is a major international award, like a Nobel Prize or an Olympic medal.

Here’s what founders most often use:

A key role: being a founder or CTO of a funded company.
High pay: a salary that’s high for your country and field.
Judging: sitting on hackathon juries, judging pitch competitions or reviewing papers.
Press: articles in real publications that mention you by name.
Original contributions: patents, or a product lots of people use.

Start collecting these a few months before you talk to a lawyer.

You’re approved for up to three years at first. After that, you can extend one year at a time, with no limit. Your spouse gets an O-3 visa, which doesn’t let them work. Plan for this early.

The L-1A: transferring from your company back home

If you already run a company outside the US with staff, you can transfer yourself to a US company. You don’t have to prove extraordinary ability. Instead, you need two things. First, your US company and your company back home must be officially linked. Second, you must have worked there as a manager or executive for at least one full year in the last three. Your evidence is payroll, org charts and contracts.

The L-1A is faster than the O-1A, about a month with premium processing. That’s because your evidence is already in your company records. The filing fee is $1,385, or $695 for small companies. New petitions also pay a $600 asylum program fee ($300 for small companies) and a $500 fraud prevention fee. Approval rates are slightly lower than the O-1A, because new offices get checked closely.

The H-1B: you can now sponsor yourself

If you already have an H-1B, your US company can take it over without a new lottery.

Since January 2025, founders who own most of their company can also be sponsored by it. The condition is that you spend most of your time on the work you’re sponsored for, not on running the company.

The trade-off is shorter approvals. Your first approval and first extension each last 18 months, instead of three years. You also don’t need outside board members anymore.

Plan for a green card early

The O-1A is temporary. If you want to stay in the US long-term, you’ll need a green card. Most founders apply for the EB-1A, which needs stronger evidence than the O-1A.

How long you wait depends on the country you were born in. For most countries, the wait is fairly short. For people born in India or China, it can take years.

Filing your petition (called an I-140) holds your place in line. The earlier you file, the earlier your place. If you came on an L-1A, you’d apply for the EB-1C instead, which works the same way. Ask about your green card when you hire your O-1A lawyer.

What to do now

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Good to know

Sources · checked Sep 2026

This page is general information, not legal or tax advice. Check with an immigration lawyer before acting.

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