For founders
Stay in the US to build your company
You can have an O-1A filed by your own company, or petition for a green card yourself through EB-1A or NIW if you qualify. Early hires get per-case fees, with no platform fee and no minimum.
- Startup programme
- Up to 25 foreign nationals
- Platform fee
- None
- Case minimum
- None
- O-1 legal fee from
- $6,999
What gets easier
Your visa and your company should not fight each other
Many founders worry that their visa depends on a boss they no longer have. Some routes let your own company file for you. Others let you file for yourself. Which one fits depends on your record, your nationality and your company.
Licensed attorneys at an independent partner firm do all legal work. A partner-firm attorney confirms your eligibility before anything is filed. No one can promise approval. Only USCIS decides.
Founder routes
Routes founders often use
Each has conditions you must meet. These come from USCIS and the regulations.
| Route | Who files | Key condition | Legal fee |
|---|---|---|---|
| O-1A | Your US company can file for you. You cannot file for yourself. | Extraordinary ability in your field, shown with evidence USCIS lists | From $6,999 |
| EB-1A green card | You can file for yourself. No job offer needed. | Extraordinary ability, with sustained national or international acclaim, and you plan to keep working in your field in the US | From $8,995 |
| EB-2 NIW green card | You can file for yourself. No employer sponsor needed. | You must first qualify for EB-2, for example with an advanced degree or exceptional ability | From $7,995 |
| E-2 | Filed through a US consulate, or with USCIS if you are already in the US | You are a national of a treaty country and own at least 50% of, or control, a business with a substantial investment | From $7,500 |
| H-1B for early hires | Your company files as the employer | A specialty occupation role. Most new hires go through the annual cap selection. | Quoted on request |
Green cards through EB-1 and EB-2 have yearly per-country limits. Depending on where you were born, you may wait for a visa number after approval.
What counts for founders
Founder evidence USCIS may accept
-
A leading role at a well-known startup
Founding a startup with a distinguished reputation is a listed example of a critical or leading role. Funding in line with typical rounds for your stage can support that reputation.
-
Press about you
Published material must be about you and your work, not only your company. Passing mentions and paid content generally do not count.
-
Judging others’ work
Scoring entries for a startup competition can count, but you need proof you actually judged. An invitation or a listing on a website is not enough.
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Funding is not a personal award
USCIS treats significant funding as support for your startup’s reputation. Do not count on a funding round alone as an award for you. Your attorney decides how to present it.
Hiring your first people
What to know before an H-1B hire
-
Selection is weighted
For the FY 2027 cap season, USCIS moved from a random lottery to a weighted selection, generally based on the wage level of the offered job.
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The registration fee is $215
Per registration, before a petition can be filed. Cap petitions can be filed from April 1.
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Small companies pay less
With 25 or fewer full-time equivalent employees, the I-129 fee for H-1B is $460 instead of $780 on paper, and the Asylum Program Fee is $300 instead of $600.
-
The $100,000 payment is in court
A 2025 proclamation added a $100,000 payment for some new H-1B petitions. In June 2026 a federal court vacated the USCIS guidance for it, and DHS said it will comply. This could change, so your attorney checks it before you file.
Startup programme
Built for companies with up to 25 foreign nationals
Per-case fees only
You pay the published legal fee for each case. No platform fee and no minimum.
Two attorneys per petition
A lead attorney and a second reviewer on every filing. RFE and NOID responses are included on cases they filed.
One case board
Every case in one place, with views for the employee, the manager and your counsel.
Frank for your strongest people
Frank covers O-1A, O-1B, EB-1A, EB-1B and EB-2 NIW. Sponsor a seat or let people pay for their own. They keep the account if they leave.
See where you stand as a founder, free
Upload your resume. Frank shows where you stand on each O-1A, EB-1A or NIW criterion. No account and no card.
FAQ
Founder questions
No. An O-1 cannot be self-petitioned. But a separate legal entity you own, like a corporation or LLC, can file for you. A US agent can also file in some cases.
No. For O-1A you need a major, internationally recognized award or evidence meeting at least 3 of the 8 listed criteria. For EB-1A you need a one-time major award or at least 3 of 10 criteria. For both, USCIS then looks at your whole record before deciding. A partner-firm attorney confirms where you stand.
No. You must first qualify for EB-2, through an advanced degree or exceptional ability. Then you show your work has substantial merit and national importance, that you are well positioned to move it forward, and that waiving the usual job offer and labor certification would benefit the US.
Only if you are a national of a country with an E-2 treaty with the US, and you have invested a substantial amount in a real business that you own at least 50% of or control.
It varies by route and by your country of birth. With premium processing, USCIS acts on an O-1 within 15 business days and on an NIW within 45 business days. That action may be an approval, a denial or a request for more evidence.
Sources · checked September 2026
- USCIS: Options for Alien Entrepreneurs to Work in the United States
- USCIS Policy Manual, Vol. 2, Part M, Ch. 3 (O-1 petitioners)
- USCIS Policy Manual, Vol. 2, Part M, Ch. 4 (O-1 evidence)
- USCIS Policy Manual, Vol. 6, Part F, Ch. 2 (EB-1A)
- 8 CFR 214.2(o)(3)(iii) (eCFR)
- Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016)
- 8 CFR 204.5(h) (eCFR)
- USCIS: Employment-Based Immigration: Second Preference EB-2
- USCIS Policy Manual, Vol. 6, Part F, Ch. 5 (NIW)
- USCIS: E-2 Treaty Investors
- USCIS: H-1B Cap Season
- USCIS: DHS Changes Process for Awarding H-1B Work Visas (Dec. 23, 2025)
- USCIS: H-1B FAQ ($100,000 payment status, updated 07/28/2026)
- USCIS Fee Schedule, Form G-1055 (edition 09/09/26)
- USCIS: Guidance on Paying Fees for Form I-140
- USCIS: How Do I Request Premium Processing?
- USCIS: Visa Availability and Priority Dates
This page is general information, not legal advice. Rules and fees change; a partner-firm attorney confirms what applies to you before anything is filed.
