O-1 vs EB-1A vs E-2: which fits a startup founder?

5 questions. Routes to the path most founders with your evidence pattern use.

1. Are you currently in the US or abroad?
2. Your country of birth has E-2 treaty with US?
3. Strongest evidence you have right now:
4. Timeline pressure?
5. Capital available to invest in US entity?

Path comparison

PathBest whenTypical timeline
O-1AYou have awards, major press, or brand-name VC backing2-4 months (premium processing)
EB-1AStronger evidence than O-1; goal is green card directly8-18 months
E-2Treaty-country founder investing $50k+ into a US entity2-3 months at consulate
International entrepreneur paroleFallback for YC/a16z-funded founders without O-1 evidenceVariable; case-by-case

FAQ

Is O-1 a path to a green card?
Not directly. O-1 is nonimmigrant. Founders typically use it as a bridge to EB-1A, EB-2 NIW, or employer-sponsored EB-2/3.
Do I need a US co-founder to sponsor the O-1?
No. A wholly-owned US entity with an arm's-length employer relationship (board, corporate formalities) can sponsor you.
Is this tool legal advice?
No. It's a triage to help you ask the right questions when you retain counsel.
middot; Affiliate disclosure