What’s different about tech startups
Three things make tech startup immigration distinct:
- Hiring velocity — you decide, interview, and onboard in 4-8 weeks. Visa processes take 3-12 months. The mismatch is real.
- Founder vs employee ambiguity — the H-1B’s strict employer-employee model is awkward for owner-operators.
- Public footprint — engineers at venture-backed companies often have proof points (GitHub, papers, conference talks) that unlock the O-1A — most employers don’t think to look.
The right strategy uses the H-1B as one tool among several, not the default.
The four-track hiring playbook
For a tech startup hiring internationally, we typically map every candidate against four parallel tracks:
Track 1 — H-1B (the default)
Used for engineers without significant public footprint. Register every viable candidate every March. Plan for ~18% selection.
Track 2 — O-1A (the underused option)
Used for engineers with any of: notable OSS adoption, conference talks, papers, awards, prior roles at high-profile companies. No lottery. Decision in 15 days with premium.
Track 3 — L-1 (for international hires)
If the candidate worked for a multinational outside the U.S. for 1+ year, the L-1 may be the cleanest path. Particularly useful for founders relocating from international markets.
Track 4 — TN (for Mexicans and Canadians)
USMCA-based. Same-day at the border for Canadians. 2-4 months consular for Mexicans. No lottery, no cap.
Founder-specific paths
Founders have an additional set of options:
- O-1A — usually the strongest path; built for individuals with extraordinary ability
- L-1A new office — if the foreign entity exists and meets the criteria
- E-2 Treaty Investor — if you’re a treaty country citizen and investing substantially
- EB-5 — direct green card if capital is available
How we work with startups
A typical engagement looks like:
- Discovery call with founders + HR to map current hiring needs and timeline
- Candidate triage — for each open role, identify the strongest visa path
- Annual H-1B registration in March for all viable candidates
- Parallel O-1A / L-1 / TN filings as appropriate
- Quarterly check-ins to plan upcoming hires and renewals
We work with venture-backed companies on a flat retainer model that scales with hiring volume — no hourly billing surprises.
Common scenarios we see
- YC company hiring 5 engineers in Q1 — register all in March, run O-1A in parallel for 1-2 senior candidates as backup
- Solo founder relocating from Buenos Aires — O-1A or L-1A new office depending on company structure
- Series A team transferring 3 international leads — L-1 for the multinationals, H-1B + O-1A parallel for everyone else
- Acqui-hired engineer with prior H-1B denial — re-evaluate via O-1A; often denials reverse cleanly
Schedule a call to map your specific situation.