On this page
Not legal advice
- This page points to official government sources. It does not give legal advice and cannot tell you which visa fits your situation.
- Immigration rules have changed often in 2025 and 2026. We checked the official pages linked here in October 2026, but they may have changed since.
- Talk to a licensed immigration attorney or a DOJ-accredited representative before you file or travel.
A large share of Palo Alto's founders were born abroad. Many came to study at Stanford. Others moved here after starting a company elsewhere. Immigration status shapes when a founder can start a company, take a salary, raise money and travel. It is also one of the areas where bad information does the most damage.
This page does not try to explain immigration law. Instead it lists the paths founders most often ask about and points to what the US government itself publishes on each one. If you are planning a move, our guide to moving to Palo Alto as a founder covers housing and the first week. If you are visiting for meetings, see tips for international visitors.
Where the official answers live
Two agencies publish most of what founders need:
- U.S. Citizenship and Immigration Services (USCIS) decides petitions filed inside the United States, including H-1B, O-1 and L-1 petitions and green card cases. Its options for entrepreneurs page is the best starting point.
- The State Department issues visas at US embassies and consulates abroad, including E-2 treaty investor visas and visitor visas. Its consular pages set interview and document rules.
Other agencies matter at specific steps. The Department of Labor certifies wage levels for H-1B and some green card cases. U.S. Customs and Border Protection decides admission at the airport and runs ESTA for Visa Waiver Program travelers. Our page on international visitors covers the arrival basics.
Paths founders commonly ask about
USCIS groups the options for founders into nonimmigrant and parole pathways and immigrant pathways. The table names the ones most often discussed. It is a map, not a list of recommendations.
| Path | What it is, in brief | Who handles it |
|---|---|---|
| O-1A | Temporary status for people with extraordinary ability in sciences, business, education or athletics | USCIS petition, then a visa abroad if needed |
| H-1B | Temporary specialty occupation status sponsored by an employer, subject to an annual cap and lottery for most employers | USCIS and the Department of Labor |
| L-1A | Transfer of an executive or manager from a related company abroad, including to open a new US office | USCIS |
| E-2 | Treaty investor status for nationals of treaty countries who invest substantially in a US business | State Department; USCIS for changes inside the US |
| International Entrepreneur Rule | A discretionary parole program for some founders of startups with significant US investment | USCIS |
| EB-1A and EB-2 with a national interest waiver | Employment-based green cards that do not always need an employer sponsor | USCIS, then State Department or USCIS |
Students on F-1 status often work at startups through practical training programs before moving to another status. Stanford's international student office advises its own students on those rules.
H-1B changes as officially published
The H-1B program changed more in 2025 and 2026 than in many previous years. These are the changes published by the government itself:
- Registration fee. USCIS's announcement for the fiscal year 2027 season said each registration required a $215 fee. Registration ran from noon Eastern on March 4 to noon Eastern on March 19, 2026.
- Weighted selection. The same announcement said that if registrations for unique beneficiaries exceeded the cap, USCIS would run a weighted selection that prioritizes higher-skilled and higher-paid workers, under a DHS final rule.
- The $100,000 payment. Proclamation 10973, "Restriction on Entry of Certain Nonimmigrant Workers," was issued on September 19, 2025 and took effect September 21, 2025. It restricted entry for certain new H-1B workers unless the petition was accompanied by a $100,000 payment, with limited exceptions.
- The 2026 extension. A proclamation dated September 18, 2026 extended the restriction for another 12 months, until September 21, 2027. It said the payment had been made for more than 700 petitions in the first year.
The $100,000 payment has been challenged in federal court. Law firms have reported court rulings affecting its collection. Which petitions it covers depends on details such as whether the worker is outside the United States. Ask an immigration attorney how it applies before you plan a hire or a filing. Universities and certain nonprofit research organizations are exempt from the annual H-1B cap, which matters to founders who keep a Stanford appointment while starting a company.
Founders sponsoring themselves
Founders often ask whether their own startup can sponsor them. USCIS's entrepreneur pathway pages discuss options for people who start their own companies. The answer depends on ownership, control and the company's structure, which is exactly the kind of detail to review with counsel.
O-1 and E-2 in brief
The O-1A category has no annual cap. USCIS describes it as being for people who can show extraordinary ability through sustained national or international acclaim. The petition is filed by a US employer or agent. Founders whose companies have raised notable funding, published research or won major awards often explore it with counsel.
The E-2 treaty investor visa is issued by the State Department. Its treaty trader and investor page says the investor must be a national of a country with a qualifying treaty, the enterprise must be at least half owned by people of that nationality and the investment must be substantial and committed. The principal investor must be coming to develop and direct the business. Applications are generally made at a consulate in the applicant's home country. Not every country has a treaty, so check the State Department's list first.
The International Entrepreneur Rule
The International Entrepreneur Rule lets DHS grant parole, a temporary permission to stay, to some founders of startups that have received significant investment from qualified US investors or government grants. It took effect in 2017 and has been the subject of repeated proposals to end it. Check the USCIS page for whether and how applications are being accepted before you rely on it. Government grants such as the awards in our SBIR guide can count toward its thresholds, according to USCIS's materials on the rule.
Visiting for meetings
Many founders first come to Palo Alto for a week of investor meetings. The State Department and CBP describe certain business activities, such as attending meetings, consulting with business associates and negotiating contracts, as generally allowed for visitors on a B-1 visa or ESTA. Productive work for a US company generally is not. Check the official visitor pages and your own country's status in the Visa Waiver Program before you book. If you will be away from home for a while, travel medical coverage is worth considering until you have a US plan.
If your startup is hiring from abroad
Startups that sponsor employees take on legal duties. These include paying required wages, keeping public access files for H-1B workers and verifying work authorization for every hire with Form I-9. Our hiring guide covers California's employment rules. Our law firms guide lists firms with Palo Alto offices. Several have immigration groups as well as startup practices.
Avoiding bad advice
- Only licensed attorneys and Department of Justice accredited representatives may give immigration legal advice. USCIS warns about scams by unauthorized consultants.
- Check a lawyer's license with their state bar. In California, use the State Bar's attorney search.
- Government forms are free to download from USCIS. Filing fees are paid to the government, not to a website that sells forms.
- Be wary of anyone who guarantees an approval or a lottery result.
- Keep copies of every document, receipt notice and approval. You will need them for future filings.
Good to know
- Status rules can affect whether a founder may take a salary or even sign some contracts. Get advice before you form the company if you are on a visa.
- Stanford students and researchers should talk to Stanford's international office before starting a company.
- Our jobs guide notes that not every startup sponsors visas. Ask early in any hiring process.
Frequently asked questions
Is there a US startup visa?
The United States has no visa category called a startup visa. USCIS publishes pages on entrepreneur pathways that group the existing options founders use, including O-1, H-1B, L-1 and E-2 visas, the International Entrepreneur Rule and employment-based green cards. A licensed immigration attorney can tell you which, if any, fits your case.
What is the $100,000 H-1B payment?
A presidential proclamation issued on September 19, 2025 restricted entry for certain new H-1B workers unless the petition was accompanied by a $100,000 payment, with limited exceptions. A September 18, 2026 proclamation extended it until September 21, 2027. The payment has been challenged in court, so check USCIS for how it currently applies.
How does the H-1B lottery work now?
Employers register each prospective worker online and pay a $215 fee. For the fiscal year 2027 season, USCIS said that if registrations exceeded the cap it would run a weighted selection that favors higher wage levels, under a DHS final rule. Registration for that season ran from March 4 to March 19, 2026.
Can I attend investor meetings on a visitor visa or ESTA?
The State Department and CBP describe business visitor activities such as attending meetings and negotiating contracts as generally allowed for visitors. Working for a US company or being paid from a US source is generally not. Read the official visitor pages and ask an attorney about your own plans before you travel.
Who can legally help with an immigration case?
Only licensed attorneys and representatives accredited by the Department of Justice may give immigration legal advice. USCIS warns about scams by people who are not authorized, sometimes called notarios. Check an attorney's license with their state bar.