IEP or IER Alternative Options For International Entrepreneurs In The U.S.

The U.S. immigration system offers multiple visa and green card pathways that can serve as alternatives to the International Entrepreneur Parole (IEP), also known as the International Entrepreneur Rule (IER), for foreign founders seeking to start or scale a business in the United States. Because IEP is a discretionary parole program, not a visa, and comes with strict eligibility and renewal requirements, many international entrepreneurs explore more stable immigration options that provide work authorization, renewal certainty, and long-term planning flexibility.

O-1 Visa – Individuals With Recognized Significant Achievements

The O-1 visa is a top choice for founders who can demonstrate extraordinary ability in business, science, tech, or other fields. It requires proof of the entrepreneur’s accomplishments and recognition in their industry. ‘

Who Qualifies For An O-1 Visa

Typical profiles include founders who have:

• Major industry accolades or awards
• Media coverage or publications highlighting their achievements 
• High-profile memberships or leadership roles 
• Contributions such as patents, innovative technologies, or groundbreaking research
• Significant funding or business success that indicates a high level of recognition
  

“Extraordinary Ability” Defined Under The O-1 Visa

“Extraordinary ability” in the O-1 visa context means a level of expertise indicating the person is one of the small percentage who have risen to the very top of their field of endeavor. The government will look for evidence that industry peers recognize the founder’s achievements as both significant in quantity and high in quality. In practice, USCIS evaluates extraordinary ability through specific evidentiary criteria, such as national or international awards, media recognition, original contributions of major significance, critical roles in distinguished organizations, and high compensation relative to peers. Unlike IEP, which focuses on startup funding levels and job creation projections, the O-1 centers on the founder’s individual merit, reputation, and demonstrated leadership in their field.

Differences Between The O-1 Visa And IEP or IER

The O-1 is a non-immigrant visa granted based on an individual founder’s demonstrated achievements and recognition, while IEP is a discretionary parole program tied to the startup’s funding, ownership structure, and projected economic impact. O-1 visas can be renewed indefinitely and provide a clearer bridge to permanent residence, whereas IEP is time-limited, discretionary, and does not directly lead to a green card.

E-2 Visa – Investment In A U.S. Business From A Treaty Country

The E-2 Treaty Investor visa lets entrepreneurs invest substantial capital in a US startup. It is investment based, requires treaty country nationality, at least 50 percent ownership or control, and a non passive business with economic impact. No fixed minimum exists and visas renew indefinitely.

For founders considering E-2 as an IEP alternative, nationality planning is often one of the earliest strategic decisions, as treaty eligibility determines whether this pathway is viable at all.

Does My Country Qualify

There are over 75 treaty countries, including many in Europe, Asia-Pacific, Latin America, as well as Canada. If you only hold citizenship in a non-treaty country, you cannot directly obtain an E-2 visa. Some entrepreneurs address this by obtaining a second citizenship in a treaty country.

Key Investment Criteria For E-2 Visa Applicants

An E-2 visa applicant needs to demonstrate they have made a serious investment into a bona fide U.S. startup, and that this business has a credible potential to grow and benefit more than just the investor. Criteria includes:

• Enough Investment To Cover Startup Costs
• Viable plan or contracts to show evidence of an active business 
• Plan to create jobs for U.S. workers or generate revenue within five years
• Traceable funding sources
• Intent to depart the U.S. if the visa status ends. 

Can Family Members Of An E-2 Visa Holder Work In The U.S.?

Under current rules, E-2 spouses can obtain work authorization for any employer without restrictions. They can also pursue their own business ventures. Children of E-2 visa holders can live and study in the U.S., but cannot work on an E-2 dependent visa. Once a child turns 21, they would need to change status to stay in the U.S. 

L-1 Visa – Expanding An Established Foreign Company Into The U.S.

The L-1 intracompany transferee visa is designed for international businesses that want to transfer key employees from a foreign office to a related U.S. entity. The L-1 visa allows executives, managers, or specialized employees to transfer to a related U.S. entity. Applicants must have worked abroad for one year recently. 

For founders, the L-1 is most viable when the entrepreneur already operates an active foreign company with employees, revenue, and a corporate structure. Early-stage founders without an established overseas operation typically find L-1 less accessible than O-1, E-2, or H-1B-based alternatives to IEP.

L-1A Visa – Criteria For Executives and Managers

• U.S. and foreign companies must maintain qualifying corporate relationship
• One continuous year employed abroad in executive or managerial role
• Executive directs organization, sets policy, leads in strategic decision-making
• Manager oversees staff or essential function with discretionary authority
• U.S. position must remain primarily executive or managerial, not operational
• New offices require premises, viability evidence, growth plan within one year
• Initial stay up to three years, maximum seven years total
• Dual intent permitted, allowing pursuit of permanent residence
• Strong documentation required: roles, structure, ownership, finances

L-1B Visa – Criteria For Specialized Knowledge Workers

• L-1B applies to employees with specialized, proprietary company knowledge
• Often used for key overseas employees, less common for founders
• Knowledge must be company-specific, not general industry skills
• Proprietary systems, software architecture, or processes strengthen qualification
• Knowledge should be difficult to hire or train in U.S. market
• Employee typically helped develop or implement specialized knowledge abroad
• Petition must tie knowledge directly to U.S. business needs
• Foreign and U.S. roles must both use specialized knowledge
• Requires strong documentation; valid up to five years total

H-1B Specialty Occupation Visa For Founders

The H-1B lets founders work for their own startups in specialty occupations. The cap-subject H-1B requires lottery selection and a specialty-occupation role, while the cap-exempt H-1B is available for employment at universities, nonprofits, or research institutions.

Key Requirements For an H-1B Specialty Occupation Visa

An H-1B petition for a founder must satisfy the same baseline requirements as any H-1B:

• Bachelor’s Degree in a Specialty Field
• U.S. entity must control employment, even for founder-sponsored H-1Bs.
• File a Labor Condition Application (LCA) to ensure founder salary is paid 
• If the startup is not cap-exempt, the founder’s petition can only be filed after being selected in the annual H-1B lottery.
• Initial grant is 3 years, but can be extended to 6 years and beyond

In summary, the startup must act like a real employer with a real job requiring a degree and ability to pay the wage, and the founder must qualify for that job by education and experience.

What Is A Legitimate Business Under H-1B Rules

A legitimate H-1B business is one that operates as a genuine company and not just a shell for a visa. USCIS will scrutinize petitions to ensure the startup is a viable entity that intends to employ the founder in a qualifying role, rather than the founder “employing themselves” in name only. 

H-1B Rule Change: New Options For Immigrant Entrepreneurs In The U.S.

Effective January 17, 2025, H-1B visa applicants can both own their startup and be its H-1B-sponsored employee. This regulatory clarification allows founders to pursue H-1B status without relying on parole programs like IEP, provided the company maintains proper governance and employer control over the role. Founders now have a clearer, codified alternative to IEP options through obtaining an H-1B visa through their own ventures.

TN, E-3, H-1B1 Visas – Nationality-Specific Alternatives To IEP

For entrepreneurs who hold certain passports, nationality-specific work visas can be great alternatives to IEP or IER. These don’t require proving extraordinary ability or investing capital, but they are limited to nationals of particular countries and typically require a job offer in a professional role.

While these visas can function as IEP alternatives, they generally require a legitimate employer-employee relationship and may not permit true self-employment unless structured carefully.

TN Visa: Canadian & Mexican Professionals Under USMCA Occupations

The TN visa enables qualified Canadian and Mexican professionals to work temporarily in the U.S. under USMCA-listed occupations, offering a fast, cost-effective option for eligible roles.

• Only Canadian or Mexican citizens qualify; permanent residents are excluded.
• U.S. job offer required; self-employment generally not permitted.
• TN Visa is valid up to three years, renewable indefinitely in increments.
• Dependents may study, but spouses cannot work.

E-3 Visa: Australian Nationals In Specialty Occupations

​​The E-3 visa lets Australian nationals work in U.S. specialty occupations, offering H-1B–style benefits without a lottery, fast processing, and strong advantages for founders and families.

• Only Australian citizens qualify for this visa category.
• Specialty occupation requires a relevant bachelor’s degree or equivalent.
• Two-year validity with unlimited renewals and no annual lottery.
• Spouses are work-authorized; children may study in the U.S.

H-1B1 Visa: For Singapore and Chile Nationals Seeking Employment

Each year, 5,400 H-1B1 visa slots are set aside for Singaporeans and 1,400 for Chileans Similar to E-3, these quotas are typically under-utilized, making it another ideal alternative to IEP or IER programs for those who qualify.

• No lottery required. You apply directly to a U.S. Consulate with an approved LCA.
• Specialty occupation requires a relevant bachelor’s degree or equivalent.
• One-year validity, renewable indefinitely with annual paperwork.
• Spouses on H-4 cannot work without separate authorization.

J-1, H-3 Visas – Alternatives To IEP For Early-Stage Entrepreneurs

The J-1 Exchange Visitor visa or the H-3 Trainee visa can provide short-term, non-immigrant pathways to be in the U.S. These aren’t work visas, but they allow an entrepreneur to be in the U.S. legally for a period to gain experience, build networks, or prepare their startup for a launch.

Entrepreneurs should use these categories cautiously, as engaging in productive employment or operating a business outside program limits can result in status violations.

J-1 Exchange Visitor Visa – Education Or Sponsorship Programs

The J-1 visa supports structured, educational entrepreneurship through sponsored programs like Trainee, Intern, Research Scholar, or Short-Term Scholar. You must participate full-time and cannot run a profit-making business outside the program.

• Sponsor required via universities, nonprofits, or accelerators
• 12 months to 5 year temporary stay
• Possible two-year home residency rule
• Strong networking and learning benefits
• Not designed for active company operations or salaries

H-3 Visa: Training Programs For Short-Term Stay In The U.S.

The H-3 trainee visa is a rather niche option, but it can fit certain early-stage entrepreneur scenarios where the goal is to learn or observe in the U.S. for a short while without engaging in employment. A U.S. host must submit a detailed training plan focused on learning. 

• Training only, no regular work
• Up to 24 months, usually shorter
• Strong home-country ties required
• One-time, non-immigrant option
• Useful for specialized, company-specific training

Direct Green Card Strategies For Entrepreneurs

Some founders can bypass temporary visas and pursue a direct-to-green-card strategy based on achievements, investment, or business impact. Key U.S. options for entrepreneurs include:

• EB-1A Extraordinary Ability: For top-tier founders with major awards, press, or industry impact. Self-petition, no employer required.
  
• EB-2 National Interest Waiver (NIW): For startups benefiting U.S. economic, tech, or social goals. Self-petition with strong credentials.
  
• EB-1C Multinational Manager: For L-1A founders transitioning to permanent residence.
  
• EB-5 Investor: Invest capital, create jobs, obtain permanent residence.

These options are best suited for founders with strong credentials, capital, or multinational operations who want to avoid repeated non-immigrant renewals altogether.

Short-Term & Situational Visa Options

Beyond long-term visas, founders often use short-term or situational U.S. visa options to build momentum and plan transitions:

• F-1 with OPT/STEM OPT: Study in the U.S., then launch a startup during 1–3 years of authorized work.
  
• B-1 or ESTA: Short business visits for meetings, pitching, and networking only.
  
• E-1 Treaty Trader: For startups engaged in substantial U.S.–home country trade.
  
• International Entrepreneur Parole (IEP): Temporary option for VC-backed founders lacking visa alternatives.
  

Strategic sequencing is key to staying in status and scaling legally.

How Alcorn Can Help You Choose The Right Alternative To IEP or IER

Alcorn Immigration Law helps founders choose the right alternative to IEP or IER with tailored strategies. We assess your profile, company, and goals to build short and long term pathways aligned with your business, from F-1 or B-1 to O-1, E-2, or green cards. The U.S. immigration system has many pathways, and our role is to demystify them.]

Understanding Your Nationality, Current Status, And Stage of Business

We evaluate your nationality, visa status, startup stage, and achievements to identify the strongest immigration options. We explain eligibility clearly, assess short and long term pathways, and tailor a strategy that fits your background, business progress, and future goals.

Combining Multiple Visa Options As A Strategy

Often the solution is not one single visa or status, but a combination over time. Alcorn Law will map out a multi-step strategy if needed. We sequence short and long term pathways, align timing with business milestones, consider family needs, and ensure continuous status, flexibility, and backup options throughout your immigration process.

Maximize Your Chance Of Success With Alcorn

Immigration applications for entrepreneurs can be complex and scrutinizing. Alcorn Law leverages its extensive experience in this niche to maximize the likelihood of approval for each case. We identify weaknesses early, strengthen profiles, prepare persuasive filings and legal briefs, anticipate RFEs, coach visa interviews, and stay ahead of policy trends. 

BOOK YOUR CONSULTATION TODAY

FAQs

Does the U.S. have a startup visa program for entrepreneurs?

The U.S. does not offer a direct “startup visa.” Instead, it has the International Entrepreneur Rule: a parole program, not a visa, for qualifying founders, and entrepreneurs rely on standard visa categories like O-1, H-1B, E-2, etc., as alternatives.

Can I apply for an E-2 visa if my country does not have a treaty with the U.S.?

No. The E-2 visa is only open to nationals of treaty countries. If you are not from a treaty country, you cannot get an E-2 unless you obtain citizenship in a treaty country. Founders from non-treaty countries often consider other paths, like L-1, O-1 or EB-5.

Can my spouse work if I’m on an O-1 visa?

No, O-1 visa dependents cannot work in the U.S.. Your spouse and children can reside and study in the U.S. on O-3, but the spouse won’t be employment-authorized. In contrast, spouses of E-2, L-1, and H-1B have work privileges.

Can entrepreneurs qualify for a National Interest Waiver (NIW) green card?

Yes. If a founder’s work has significant potential to benefit the U.S., they can self-petition for an EB-2 NIW. They must show the venture has substantial merit and national importance, and that they are well-positioned to advance it. Many startup founders in tech, biotech, and other critical industries have obtained green cards through NIWs.

How long can I stay in the U.S. on International Entrepreneur Parole?

IEP is initially granted for up to 30 months (2.5 years), with a possible extension of another 30 months. So, you can stay up to 5 years total under the International Entrepreneur Rule, provided your startup continues to meet the program’s criteria (funding, revenue, job creation) at the time of extension. After that, you would need to transition to a different visa or status to remain in the U.S.