Launching or scaling a startup in the U.S. can be an exciting journey—but for many international founders, securing permanent residency is a critical step toward building a long-term future.
In 2025, entrepreneurs have several viable Green Card options designed to support innovation, attract global talent, and strengthen the startup ecosystem.
Whether you’re a founder, key employee, or investor, understanding these pathways can help you make informed immigration decisions that align with your business goals.
Here’s a clear breakdown of four Green Card options for startups in 2025—and how each can open the door to lasting opportunities in the U.S.
Option 1: EB-2 National Interest Waiver (NIW)
The EB-2 National Interest Waiver is one of the most popular Green Card pathways for startup founders and entrepreneurs.
Unlike many other employment-based visas, the NIW allows applicants to bypass the labor certification process and self-petition—meaning you don’t need a U.S. employer to sponsor you.
Instead, you must demonstrate that your work has substantial merit and national importance, that you’re well-positioned to advance your proposed endeavor, and that waiving the job offer requirement would benefit the U.S.
For startup founders, this often means showing how your company contributes to areas like technological innovation, economic growth, or job creation. Strong evidence—such as funding, traction, patents, or industry recognition—can strengthen your case.
In 2025, the NIW continues to be a flexible and founder-friendly route to permanent residency, making it an excellent option for entrepreneurs driving impactful ventures.
Who is eligible for the EB-2 NIW?
You must have either:
- An advanced degree (Master’s or higher) or a Bachelor’s degree plus 5 years of progressive experience, or
- Exceptional ability in your field (science, arts, business, medicine, technology, etc.).
To prove “exceptional ability,” you must meet at least 3 of the following 6 criteria:
- Official academic record showing a degree, diploma, or similar award.
- Letters documenting at least 10 years of full-time experience.
- License or certification to practice your profession.
- Evidence of commanding a high salary.
- Membership in professional associations.
- Recognition for achievements and contributions to your field.
Gather Supporting Evidence
Typical documents include gathering supporting evidence and filing Form I-140, Immigrant Petition for Alien Worker.
Supporting documents include:
- Academic diplomas, transcripts, licenses.
- Detailed CV/resume.
- Recommendation letters (from experts, employers, collaborators).
- Publications, citations, awards, media coverage.
- Evidence of projects or research with national impact.
- Statement of proposed endeavor and how it benefits the U.S.
- Evidence of past achievements and future plans.
Once your I-140 petition is approved, and your priority date becomes current on the Visa Bulletin, you can apply for your lawful permanent resident card (Green Card).
Key Advantages
- Flexibility for early-stage founders
- No need for a job offer or employment sponsorship
- Fast processing time of the I-140 petition with the option of paying for premium processing service
Disadvantages
Significant backlogs exist for certain countries of nationality like India and China
- Increase in denials under the Trump administration
- Being diligent and thorough during the application process is critical
Option 2: EB-1A Aliens of Extraordinary Ability
The EB-1A (Aliens of Extraordinary Ability) green card is one of the most prestigious and fastest employment-based immigration options in the U.S.
Like EB-2 NIW, you can self-petition — no job offer, labor certification (PERM), or employer sponsorship is required.
It’s best suited for individuals who have reached the top of their field in science, education, business, arts, or athletics and can show sustained national or international acclaim.
To qualify, you must show extraordinary ability, which means:
“A level of expertise indicating that you are one of the small percentage who has risen to the very top of the field.”
You must have either:
- One-time major international award (e.g., Nobel Prize, Olympic medal),
OR - At least 3 of the 10 criteria below (and provide strong evidence):
- Receipt of lesser nationally or internationally recognized prizes or awards.
- Membership in associations that require outstanding achievements of their members.
- Published material about you in major media or professional publications.
- Participation as a judge of the work of others (e.g., peer review, competition judge, conference reviewer).
- Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance.
- Authorship of scholarly articles in professional or major trade publications.
- Display of work at artistic exhibitions or showcases (for artists).
- Performance in a leading or critical role for distinguished organizations.
- High salary or remuneration compared to others in your field.
- Commercial successes in the performing arts (e.g., box office receipts, sales
While EB-1A is often associated with scientists, researchers, and artists, successful founders, CEOs, and innovators have obtained this green card by demonstrating extraordinary achievements in business, technology, or innovation.
Key Advantages
- No job offer or employment sponsorship is necessary
- EB-1A is current on the Visa Bulletin for all countries except India and China. This means that there is no waiting period to apply for permanent residence (Green Card) for most individuals
- You can apply while overseas before coming to the U.S.
Disadvantages
- The approval rate has been decreasing under the Trump administration
- This remains one of the most competitive visa categories
Option 3: EB-5 Immigrant Investor Program
The EB-5 Immigrant Investor Program is a U.S. green card pathway for foreign investors who invest a certain amount of capital in a U.S. business and create (or preserve) at least 10 full-time jobs for American workers.
Unlike EB-1A or EB-2 NIW, which are based on extraordinary ability or national interest, EB-5 is based on capital investment — not personal qualifications.
To qualify for EB-5, you must:
- Invest capital of:
- $800,000 in a Targeted Employment Area (TEA) — rural or high-unemployment area
- $1,050,000 in a non-TEA (standard investment)
- The investment must:
- Be in a new commercial enterprise (NCE)
- Create or preserve at least 10 full-time jobs for U.S. workers
- Be from lawfully obtained funds (you must prove the legal source and path of the money)
- You can:
- Start your own business, or
- Invest through a USCIS-designated Regional Center (a more passive investment option)
Source of Funds Requirement
USCIS requires you to prove:
- The funds were lawfully obtained (through salary, business income, real estate sale, investment earnings, inheritance, gift, etc.).
- The path of funds is traceable from origin to investment.
- Documents often include:
- Tax returns
- Bank statements
- Employment/business records
- Gift or inheritance documentation (if applicable)
Application process
File Form I-526 / I-526E (Immigrant Petition by Standalone Investor or Regional Center Investor) along with the Form I-485 application for permanent residence
- Provide:
- Proof of investment
- Source and path of funds documentation
- Processing: ~12–24 months (varies by nationality & workload)
If approved, you and your qualifying family receive conditional permanent residency (valid for 2 years). Within 90 days before your 2-year green card expires, you must file Form I-829 to remove conditions and show that your investment was sustained and that 10 jobs were created or sustained. Those who are approved, get a 10-year green card (unconditional permanent residency).
Option 4: EB-1C for Multinational Managers or Executives
This green card category is designed for managers or executives of multinational companies who are being transferred to the U.S. to work in a managerial or executive role.
Unlike EB-1A or EB-2 NIW, EB-1C requires an employer sponsor (your company), but it can be a very strong option for business owners and senior leaders who meet the requirements.
Requirements
You must:
- Have been employed outside the U.S. by a qualifying organization for at least 1 continuous year within the 3 years before filing the petition (or before entering the U.S. if already on an L-1 visa).
- Have worked in a managerial or executive capacity.
- Be coming to the U.S. to work for the same employer, a subsidiary, affiliate, or parent company in a managerial or executive role.
Key Advantages of EB-1C
- No PERM labor certification required.
- Premium processing is available.
- Your spouse and children under 21 can also get green cards.
Option 5: The Gold Card
The U.S. “Gold Card” program, announced by executive order in September 2025, is a proposed immigration pathway that allows foreign nationals to obtain expedited green card processing by making a large, unrestricted donation—currently cited as around $1 million for individuals or $2 million donated by a corporate entity or business on behalf of an individual—to a U.S. government fund managed by the Department of Commerce.
Unlike EB-5, it does not require job creation and is intended to attract ultra-high-net-worth individuals who can demonstrate economic benefit to the U.S. economy. However, the program is still in early stages and has not been officially launched.
Conclusion
Navigating U.S. immigration as a startup founder or key player can be complex, but 2025 offers a range of tailored Green Card options—from self-petitioning routes like EB-2 NIW and EB-1A for extraordinary talent, to investment-based paths like EB-5 and the emerging Gold Card program, as well as employer-sponsored EB-1C for multinational executives.
Each option has its own requirements and advantages, so understanding which best aligns with your background, business goals, and timeline is key to building a successful future in the U.S. startup ecosystem.
Contact Us. If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.
Helpful Links
- November Visa Bulletin
- October Visa Bulletin
- Adjustment of Status Filing Dates from Visa Bulletin
- Know your Rights if ICE visits your home or workplace
- Know your Rights Card (English)
- Know your Rights Card (Spanish)
- ICE Online Detainee Locator System
- ICE Immigration Detention Facilities
- USCIS Processing Times
- Immigrant Visa Backlog Report
- ImmigrationLawyerBlog
- ImmigrationU Membership
- Success stories
- Youtube channel
JOIN OUR NEW FACEBOOK GROUP
Need more immigration updates? We have created a new facebook group to address the impact of the new executive orders and other changing developments. Follow us there.