Questions from YC founders
You got in. Now the immigration questions.
You are building a company, and your immigration plan has to keep up with it. These are plain answers to what comes up before the batch, during fundraising, and as you build in the United States.
Every answer below points to the government source behind it. If your question is not here, or the answer depends on facts only you have, bring it to the call.
Getting started
Before the batch
We got into YC. Does that give us a visa?
No. YC admission and immigration permission are separate. Acceptance, investment, and company progress can support a case, but each founder needs permission for the activities they will actually carry out in the United States.
Start with your citizenship, current status, experience, ownership, and batch dates. Cofounders do not have to use the same immigration path.
Can I attend YC on ESTA or a B-1 visa?
Some temporary activities, such as investor meetings, business consultations, and contract negotiations, may fit business-visitor status. Admission to an accelerator is not blanket permission to do everything in the program.
Building the product, serving customers, and running day-to-day U.S. operations can require work authorization. Devise a plan with your attorney before travel. ESTA authorizes travel under the Visa Waiver Program; it does not authorize employment.
SourcesState Department · Business visitorsUSCIS · Entrepreneur pathways
Can I form a company or work on it without taking a salary?
Owning a company and working for it are different immigration questions. Incorporation, an equity stake, or a U.S. bank account does not give you work authorization.
Working without a salary, being paid abroad, or leaving revenue in the company does not by itself make the work permissible. Review your actual duties and status before coding, selling, hiring, or operating the business from the United States.
When should I speak with an immigration attorney?
As soon as U.S. travel or full-time work on the company becomes a real possibility, and ideally before the batch, a resignation, or a financing closes.
Bring your passport, any other citizenships, your résumé, current immigration documents and I-94, batch dates, cap table, funding details, and travel plans. We can then work backward from the date you need to be in the United States and authorized to work.
The founder category
O-1 for founders
Does YC acceptance or funding make me eligible for an O-1?
It can help, but it does not automatically qualify you. An O-1A case is about your individual achievements and recognition. Funding and accelerator admission need to be evaluated alongside your own work, press, and other evidence.
Your cofounder’s credentials and the company’s funding do not automatically establish your eligibility. We assess each founder separately, including achievements before the startup.
Can my own startup sponsor my O-1A?
Yes. A separate U.S. legal entity that you own, such as a corporation or LLC, may petition for you. You cannot file an O-1 petition for yourself in your individual capacity.
The company must document a real proposed role and satisfy the petition requirements, alongside evidence of your extraordinary ability. Incorporating a company alone is not enough.
Do I need a PhD, a major award, or years of experience?
No specific degree or minimum number of years is required for O-1A. A major internationally recognized award is one evidentiary route. Otherwise, a petition generally needs to satisfy at least three of the eight regulatory criteria.
Meeting three criteria is only the first step. USCIS also evaluates the full record to decide whether you have the sustained acclaim and standing required for extraordinary ability.
What evidence should I collect for an O-1?
Collect independent coverage of you and your work, evidence of significant original contributions, judging invitations and completed reviews, selective awards or memberships, and proof of your critical role in a distinguished organization. Keep evidence showing reach and impact, not just a list of accomplishments.
Funding, traction, patents, or open-source adoption can be useful when linked to a relevant criterion. Recommendation letters should explain specific contributions and be supported by records. Company publicity alone may not establish recognition of you personally.
Will a low founder salary hurt my O-1 case?
High compensation is one possible criterion; every applicant does not have to meet it. A modest founder salary does not automatically rule out O-1A.
Where the salary criterion does not readily apply to an entrepreneur’s work, USCIS guidance allows consideration of comparable evidence, including appropriately documented, highly valued equity. The evidence still needs to establish extraordinary ability.
If you are already sponsored
H-1B, OPT, and your startup
I’m on an H-1B at another company. Can I leave to do YC?
Potentially, but your existing H-1B does not authorize work for a different company. Your startup may be able to file for you, or another category may fit.
Some founders who were already counted against the H-1B cap can move without a new cap selection. Eligible H-1B portability can allow work after a qualifying petition is properly filed, no earlier than its requested start date. Confirm your eligibility and start date before resigning.
Can my startup sponsor an H-1B if I own or control it?
Yes. Founder ownership does not automatically prevent H-1B sponsorship. The company needs a genuine specialty-occupation role, and you must meet the qualifications. A controlling owner must perform specialty-occupation duties a majority of the time. The employer also has wage and other compliance obligations.
If you own more than 50% or hold majority voting rights, USCIS limits the initial petition and first extension to up to 18 months each. Cap requirements still need a separate review, and since February 27, 2026, cap registrations are selected by wage level, which is where early founder salaries sit worst.
Can I keep my job and work on the startup part time?
A concurrent, part-time H-1B through the startup may be an option. It is a separate petition for the startup’s work; your current employer’s approval does not cover it.
The position, hours, wage, and your eligibility need to support the arrangement. Being a founder or working evenings and weekends does not create an exemption from work-authorization rules.
SourcesUSCIS · H-1B requirements and current alertsUSCIS · Entrepreneur pathways
Can I work for my startup on OPT or STEM OPT?
Initial OPT can allow work in your own business when it is directly related to your degree and you satisfy the authorization, reporting, hours, and other requirements.
STEM OPT has additional employer and training requirements. The startup must participate in E-Verify, support the training plan, and provide the required supervision. You cannot make the employer attestations on your own behalf. Review the arrangement with your school’s designated official and immigration counsel.
Other routes
Funding and other pathways
Can I use an E-2 visa, and how much must I invest?
E-2 can fit an eligible treaty-country founder who invests in and will develop and direct a real U.S. enterprise. The investment must be substantial for the business, committed and at risk, and the enterprise cannot be merely marginal.
There is no single statutory dollar minimum that guarantees eligibility. Review the business’s costs, source of funds, ownership, and consular requirements. A fundraising announcement or money sitting uncommitted in an account is not enough.
Will YC investment, a SAFE, or a venture round affect my E-2?
It can. The enterprise must retain at least 50% ownership by nationals of the relevant treaty country. U.S. incorporation alone does not establish treaty nationality.
Review the cap table, investor ownership, and the effect of a SAFE’s terms and conversion before signing or closing. A round that dilutes qualifying treaty ownership below 50% can undermine eligibility. Plan any move to another status before that change takes effect.
What if O-1 is not the right fit yet?
The alternatives depend on citizenship, employment history, the role, and the business. E-2 may fit a qualifying treaty investor. L-1 may fit a transfer from a qualifying related overseas business after the required period of employment abroad.
Australian citizens may consider E-3; Chilean and Singaporean citizens may consider H-1B1; Canadian and Mexican citizens may consider TN for eligible professional employment. These categories have specific degree, job, and sponsorship requirements. TN is not a general founder or self-employment visa.
SourcesUSCIS · Entrepreneur pathwaysState Department · Temporary worker visasUSCIS · TN professionals
Is International Entrepreneur Parole an option after funding?
It may be. The International Entrepreneur Rule provides a discretionary parole pathway for qualifying founders of recently formed U.S. startups with substantial potential for growth and job creation.
Ownership, your operating role, the timing and source of investment or grants, and the investor’s qualifications all matter. YC funding alone does not establish eligibility. Parole is temporary permission with startup-specific work authorization; it is not a visa or a green card. We wrote a full guide to the rule.
The practical clock
Timing, costs, and travel
How fast can I get approved? Does premium processing guarantee it?
Build the timeline around preparation, USCIS review, any consular appointment, and entry to the United States. These are separate steps.
Premium processing generally provides an adjudicative action within 15 business days for O-1 and H-1B petitions. That action can be a request for evidence or a denial, and when USCIS issues one the clock stops and a fresh period starts only when your response arrives. It does not guarantee approval, a visa appointment, or completion of administrative processing. Preparation time comes before the government’s clock starts.
SourcesUSCIS · Premium processingState Department · Temporary worker visas
What should I budget, and is the $100,000 H-1B payment still required?
Ask for an itemized estimate covering legal work, filing fees, premium processing if appropriate, consular costs, dependents, and any response to a request for evidence. Costs vary by category and employer; an old fee quote may no longer apply.
As of September 10, 2026, USCIS reports that a federal district court vacated the agency guidance implementing the $100,000 payment for certain H-1B petitions on June 8, 2026, and that the First Circuit denied the government’s request for a stay on July 24, 2026. USCIS says it will comply with the order while it considers next steps, and that it still plans to collect the payment if the order is lifted. The appeal continues, so recheck the current alert before filing.
SourcesUSCIS · H-1B requirements and current alertsUSCIS · Premium processing
Can I stay and keep working while a petition is pending?
Not automatically. Permission to remain while an application is pending and permission to work are different questions. A filing receipt by itself does not create open work authorization.
The answer depends on your existing status, whether the filing was timely, the requested change or extension, and any category-specific continuation or portability rules. Confirm a lawful work start date and a fallback before your current authorization ends.
Can I travel abroad while changing status or after approval?
Review travel before booking. USCIS states that departing the United States while a change-of-status request is pending leads to denial of that request. An approved petition may still require a consular visa application and admission in the correct classification.
A visa’s expiration date does not determine how long you may stay in the United States. Your I-94 records the authorized admission. Check it after entry, and leave room for visa appointments and administrative processing in your travel plan.
SourcesUSCIS · H-1B founder and status questionsState Department · Visa validity and admission
Can I keep returning on ESTA or B-1 while I build the company?
Business-visitor admission is for a temporary permissible visit, not a substitute for living and working in the United States. Frequent or lengthy trips can lead to closer questions about your activities and residence.
Visa Waiver Program stays are generally limited to 90 days, with no ordinary extension or change-of-status route. A quick trip abroad does not guarantee a fresh admission. Plan the appropriate work status instead of relying on repeated visits.
SourcesState Department · Visa Waiver ProgramState Department · Business visitors
The long game
Planning for a green card
Does an O-1 turn into an EB-1A green card?
No. EB-1A requires a separate immigrant petition under its own standard. An O-1 approval can be relevant, but it does not decide the green card case.
Build the long-term evidence while working on the temporary-status plan. Petition approval is also separate from obtaining permanent residence; visa availability and adjustment of status or consular processing still matter.
SourcesUSCIS · EB-1A extraordinary abilityState Department · Employment-based immigration
Can I apply for EB-1A or a national interest waiver without an employer?
Yes, if you qualify. EB-1A and EB-2 national interest waiver cases can be self-petitioned. Neither requires the usual employer-sponsored labor certification.
For an NIW, you must first qualify for EB-2 through an advanced degree or exceptional ability. You must also show the endeavor’s substantial merit and national importance, that you are well positioned to advance it, and that waiving the job offer and labor certification benefits the United States. A promising startup or business plan alone does not establish those elements.
SourcesUSCIS · EB-1A extraordinary abilityUSCIS · EB-2 and national interest waivers
Does filing or getting an I-140 approved let me stay and work?
No. An immigrant petition does not by itself grant immigration status or employment authorization. Keep a separate plan for lawful stay and work.
When you can complete the green card process depends in part on your category, priority date, visa availability, and usually your country of birth. An eligible adjustment application may allow you to request an employment authorization document, but you must have valid authorization before working.
SourcesUSCIS · Entrepreneur pathwaysState Department · Employment-based immigration
When things change
Family and company changes
Can my spouse come with me and work?
Dependent status and work permission depend on your category. O-3 spouses can accompany an O-1 holder but cannot work based on O-3 status. Qualifying E and L spouses are generally authorized to work incident to their valid spousal status, with the appropriate documentation.
Some H-4 spouses can apply for an employment authorization document if the H-1B holder meets specific requirements; it is not automatic. Include your spouse’s career plans when comparing the family’s options.
SourcesUSCIS · Spousal work authorizationUSCIS · O-1 employment and family rules
What if we pivot, raise another round, move, or get acquired?
Have immigration counsel review material changes before they take effect. Ownership can affect E-2 eligibility; new duties, employers, or work locations can require immigration filings or other updates.
An O-1 approval is not permission to work for any company. Review the petition’s employer or agent arrangement and covered work before adding a role or moving to an acquirer. Keep immigration counsel involved alongside corporate counsel.
SourcesUSCIS · H-1B requirements and current alertsUSCIS · O-1 employment and family rulesState Department · Treaty investors
What happens if the startup fails or my employment ends?
Act quickly. Certain employment-based categories, including H-1B and O-1, may allow a discretionary grace period of up to 60 consecutive days, or until the authorized validity period ends, whichever is shorter. It is not additional work authorization.
The options may include a qualifying new employer petition, a change of status, or departure. The precise deadline and your family’s status need review as soon as employment ends.
Build your immigration plan around your company.
Bring your batch dates, current status, résumé, and company details. We will go through the available paths, the evidence each one requires, and a realistic timeline. Or you can email using the details below.
