EIR Visa Guide
Scenario: I want to create my own company.
Use the filters below to see your visa options.
VISA OPTIONS
Do you need permanent residency?
Concurrent H1-B
Can be requested outside H1B lottery timelines
Requires H1B sponsorship from a not-for profit (exempt) organization, such a university and another H1B sponsorship from the startup (not-exempt).
Members of the board (in startup) will supervise your employment (2 people, in addition to founder)
Concurrent H1-B
Can be requested outside H1B lottery timelines
Requires H1B sponsorship from a not-for profit (cap exempt) organization, such a university and another H1B sponsorship from the startup (cap-subject).
Co-founder(s) and/or members of the board (in startup) will supervise your employment
EB-2 (NIW) and EB-1A
These options are for people who would like to obtain permanent residency into the country
EB-1A is a higher category and requires a larger number of met criteria than EB-2 (NIW)
USCIS often requires that the startup have a significant proven record of customer traction or funding available for the next 2-3 years
They are often called “extraordinary ability” visas, so the approval follows a more comprehensive review
Criteria to support the extraordinary ability of an applicant:
Authorship of patents or scholarly articles in peer-reviewed journals in your field of expertise
Significant and original contributions- having been recognized/awarded nationally or internationally for excellence in the scientific field
Membership in Associations that require outstanding achievements or that are by-invitation-only
Participation (individual or panel) to judge the work of others in the same or similar field
Media attention (Press)
High Salary- assuming a leading or critical role in an organization
Recognition from Experts- recommendation letters from experts in the industry that can attest to your work and contributions
F-1 OPT and STEM OPT (Optional Practical Training)
Requires full time employment (minimum 20h/week) with the startup
Startup needs to be registered in E-verify
Co-founder(s) and/or members of the board (in startup) will supervise your employment
Visiting scholars are likely not eligible for this visa*
F-1 OPT and STEM OPT (Optional Practical Training)
Requires full time employment (minimum 20h/week) with the startup
Startup needs to be registered in E-verify
Members of the board (in startup) will supervise your employment
Visiting scholars are likely not eligible for this visa*
O-1
Eligibility depends on scientific merit and proven track record of academic contributions of applicant
Visa can be requested by two mechanisms: by employer (startup) or self-petitioned
If requested by startup, it will be employer specific, and the startup should demonstrate that the company has enough funding for 2-3 years
O-1
Eligibility depends on scientific merit and proven track record of academic contributions of applicant
Visa can be requested by two mechanisms: by employer (startup) or self-petitioned
If requested by startup, it will be employer specific, and the startup should demonstrate that the company has enough funding for 2-3 years
Self-sponsored H1B
If prospective employment start date is within H1B lottery timelines, you can request an H1B via the startup. Opportunity to be granted the H1B is based on the H1B cap-subject lottery system
The startup should demonstrate that the company has enough funding for 2-3 years
Self-sponsored H1B
If prospective employment start date is within H1B lottery timelines, you can request an H1B via the startup. Opportunity to be granted the H1B is based on the H1B cap-subject lottery system
The startup should demonstrate that the company has enough funding for 2-3 years
TN
Could be pursued if you are a citizen of Mexico or Canada
Requires specific degrees within STEM fields
Co-founder(s) and/or members of the board (in startup) will supervise your employment
Visa needs to be requested by interview process at US embassy in country of residence
TN
Could be pursued if you are a citizen of Mexico or Canada
Requires specific degrees within STEM fields
Members of the board (in startup) will supervise your employment
Visa needs to be requested by interview process at US embassy in country of residence
Note: Information last updated October 2024. These conditions apply to startups, employees, founder and cofounders in the STEM fields. The above recommendations are not legal advice and are purely informational. Each applicant should consult with a lawyer to evaluate your unique case.