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You have built something real in Europe. Now you want to bring it to the US. The corporate setup is straightforward: Delaware C-Corp, registered agent, EIN. But the question that actually determines your timeline is not about entity structure. It is about immigration.
Which visa gets you legally working in the US, and how long will it take?
The answer depends on your company stage, your personal profile, your ownership structure, and whether your spouse needs to work. There is no single "best" visa. There are six realistic paths, each with trade-offs that matter.
Here is what you need to know about each one.
1. ESTA and B1/B2: The Starting Point (Not a Work Visa)
Before we get to work visas, let's clear up the most common mistake.
ESTA (Visa Waiver Program) and B1/B2 visitor visas let you enter the US for meetings, conferences, investor pitches, and business development. Most EU countries qualify for ESTA, which gives you up to 90 days per visit.
What you cannot do on visitor status: write code, manage a US team, build product, or perform any "productive work" while physically in the US. It does not matter where your paycheck comes from. If you are working from a WeWork in San Francisco on an ESTA, you are violating the terms of your status.
Visitor status is for exploring, not operating. Once you are ready to actually run the business from the US, you need a work-authorized visa.
2. O-1A: The Founder's Visa
The O-1A is often the strongest path for startup founders. It is designed for individuals with "extraordinary ability" in business, and it is self-sponsorable through your own US company.
Why founders choose it:
- No annual cap, no lottery
- Up to 3 years initially, extendable indefinitely
- Clear path to a green card via EB-1A
- You can sponsor yourself through your own company
What you need: Evidence that you meet at least 3 of 8 criteria. The ones that work best for founders are press coverage in recognized publications (coverage in your home country counts), original contributions of major significance (a product with real traction, patents, significant funding raised), critical roles at distinguished organizations, and high compensation relative to your field.
The catch: Your spouse receives O-3 status, which does not include work authorization. For many families, this is the deciding factor against the O-1A.
Timeline: Plan for 6 to 12 months from start to US entry. Petition preparation takes 2 to 4 months, standard USCIS processing takes another 2 to 4 months (15 business days with premium processing), plus embassy interview time if you are outside the US.
Who it works best for: Founders with a track record. Press coverage, meaningful traction, awards, speaking engagements, or advisory roles that demonstrate you are at the top of your field.
3. E-2: The Treaty Investor Visa
The E-2 is available to nationals of countries that maintain a treaty of commerce with the US. Most European countries qualify: Czech Republic, France, Germany, Spain, Italy, the UK, Sweden, and many others.
Why founders choose it:
- No lottery, no cap
- Spouse gets work authorization (E-2S status)
- Relatively fast processing (2 to 4 months)
- Renewable indefinitely in 2-year increments
What you need: A "substantial" investment of capital in a US business. There is no fixed dollar threshold, but typically at least $100,000 for service businesses and more for capital-intensive ones. The investment must be "at risk," meaning committed to the business, not sitting in a bank account. You must own at least 50% of the US business.
The catch: No direct path to a green card. And here is the critical one: if your company raises VC funding and your ownership drops below 50%, you may lose E-2 eligibility. This creates real tension between fundraising and immigration status.
Who it works best for: Bootstrapped or lightly funded founders who maintain majority ownership. Founders whose spouses need work authorization. Founders building an O-1A case who need a bridge visa to start working in the US sooner.
4. L-1A: The Intracompany Transfer
The L-1A is for executives or managers transferring from a foreign company to a US subsidiary, affiliate, or branch.
Why founders choose it:
- Up to 7 years total
- Spouse can work (L-2 work authorization)
- Direct path to a green card via EB-1C
What you need: You must have worked for the foreign company for at least 1 continuous year in the past 3 years, in an executive or managerial capacity. The foreign company must maintain operations. A qualifying corporate relationship must exist between the US and foreign entities.
The catch: The foreign operation cannot be a shell. It needs real employees and real activity. And you cannot use the L-1A if you are starting fresh in the US without an established European entity.
Who it works best for: Founders who already have an established European company with employees and want to open a US subsidiary while keeping the European operation running.
5. H-1B: The Lottery Gamble
The H-1B is the visa most people have heard of. It is also the one we recommend least as a primary strategy for founders.
The basics: 3 years initially, up to 6 years total. You can sponsor yourself through your own company. Spouse may be eligible for work authorization under certain conditions. Path to a green card via EB-2 or EB-3.
The catch: It is subject to an annual lottery. You register in March and hope your number gets picked. If it does not, you wait another year. For founders who need to move on their own timeline, this level of uncertainty is usually a dealbreaker.
Who it works for: Founders in specialty occupations who have other visa options as backup and want to add another path to the mix. Not recommended as your only plan.
6. Green Card Paths: Playing the Long Game
A green card grants permanent residence. For founders, three paths are most relevant:
- EB-1A (extraordinary ability): Self-sponsored, no employer needed. Same legal standard as the O-1A but with a higher evidence bar in practice. Natural progression after holding O-1A status for a few years, by which point your evidence portfolio is stronger. Processing takes approximately 8 to 14 months.
- EB-2 NIW (national interest waiver): Self-sponsored. You must show your work benefits the US national interest. Lower bar than EB-1A. Processing takes approximately 12 to 18 months.
- EB-1C (multinational manager/executive): Employer-sponsored, typically paired with L-1A. Requires at least 1 year managing people or a function.
The green card is the endgame for most founders who plan to stay. The question is which nonimmigrant visa gets you working in the US while you build toward it.
How to Pick the Right Path
There is no universal answer. But here is a practical framework:
Start with two questions:
- Does your spouse need to work in the US?
- Do you have an established European company with employees?
If your spouse needs work authorization, the O-1A is immediately less attractive (O-3 does not permit work). The E-2 or L-1A become stronger options.
If you have an established European company, the L-1A opens up. If you are starting fresh, it does not.
Then consider your profile:
- Strong press coverage, awards, traction, or advisory roles? O-1A is likely your best primary path.
- Bootstrapped with majority ownership and capital to invest? E-2 can get you working in the US fast.
- Established European company with real operations? L-1A gives you a green card path via EB-1C.
- Planning to raise significant VC funding? Be careful with E-2. Dilution below 50% ownership kills eligibility.
One rule applies to everyone: Start early. Visa processes take 6 to 12 months or more. The founders who get stuck are the ones who wait until they need to be in the US next month. The ones who move smoothly are the ones who started planning a year ahead.
The bottom line
Immigration is often the longest-lead-time item in a US expansion. It is not a paperwork formality. It is a strategic decision that affects your timeline, your family, your fundraising, and your ability to operate.
The right visa depends on your specific situation: your profile, your company stage, your family, and your long-term plans. There is no shortcut, but there is a clear path if you plan ahead and get the right advice early.
At Fellow, we help European founders navigate US expansion from day one, including choosing the right visa strategy and coordinating it with your corporate structure, fundraising timeline, and family situation. If you are planning a move, reach out at fellow.legal.
