Navigating the US Immigration System
Moving to the US to build a company is one of the most impactful decisions you'll make, and one of the most administratively painful. The US immigration system was not designed with startup founders in mind. There is no "founder visa." Every path involves trade-offs between speed, flexibility, cost, and long-term security.
This guide gives you the lay of the land so you can have an informed conversation with an immigration attorney. It is not legal advice.
Disclaimer: This resource is for informational purposes only. Immigration law changes frequently. Always consult a qualified immigration attorney for advice specific to your situation.
Visa Options for Founders and Tech Professionals
Treaty Investor Visa
What it is: A nonimmigrant visa for nationals of treaty countries (France qualifies) who invest a substantial amount of capital in a US business.
Why French founders like it: It's the fastest and most common path for French entrepreneurs. France's treaty status makes this available to you when founders from many other countries can't use it.
Key facts:
- Requires a "substantial" investment (practically $100K+ for a tech startup, though amounts vary)
- You must be a majority owner or have a key operational role
- Renewable indefinitely in 2-year increments as long as the business is active
- Your spouse gets an E-2 dependent visa with automatic work authorization
- Does NOT lead directly to a green card. There is no path to permanent residency from E-2 alone.
Watch out: The E-2 is comfortable but can become a trap. You can renew forever, but if you ever want permanent residency, you'll need to transition to another category. Plan your long-term strategy early.
Extraordinary Ability Visa
What it is: A nonimmigrant visa for individuals with extraordinary ability in sciences, business, or education.
Why it matters for founders: If you've raised venture funding, been featured in press, spoken at conferences, judged startup competitions, or hold patents, you may qualify. The bar is high but not impossible. Many successful founders meet it without realizing.
Key facts:
- No nationality restriction
- No investment requirement
- Valid for up to 3 years, renewable
- Can be a stepping stone to an EB-1A green card
- Spouse gets O-3 visa but NO work authorization (a major downside)
Watch out: Building the evidentiary case takes time. Start documenting press coverage, awards, speaking invitations, and recommendation letters well before you need to file.
Specialty Occupation Visa
What it is: The most common US work visa, for roles requiring a bachelor's degree or higher in a specific field.
Why it's relevant: If you're joining a US tech company as an executive or technical leader (not founding your own), this is likely your path.
Key facts:
- Subject to an annual lottery (unless your employer is cap-exempt)
- Requires employer sponsorship. You can't self-sponsor.
- Valid for 3 years, renewable up to 6
- Leads to green card sponsorship through employer
- Spouse gets H-4 visa; work authorization available if the H-1B holder has an approved I-140
Watch out: The lottery system means there's no guarantee. If you're currently on an E-2 or another status, plan your H-1B attempt carefully. The filing window is in March for an October start.
Intracompany Transfer
What it is: For employees being transferred from a foreign office to a US office of the same company.
Why it matters: If you have an existing company in France and are opening a US branch, this is a strong option. Also relevant if you work for a French company that's expanding to the US.
Key facts:
- L-1A (managers/executives): valid up to 7 years
- L-1B (specialized knowledge): valid up to 5 years
- Requires that you've worked for the foreign entity for at least 1 year in the past 3 years
- The US and foreign entities must have a qualifying relationship (parent, subsidiary, affiliate)
- Can lead to EB-1C green card (multinational manager), one of the faster green card paths
Watch out: USCIS scrutinizes "new office" L-1 petitions heavily. If your US entity is brand new, expect additional questions about the business plan and ability to support a managerial role.
Exchange Visitor Visa
What it is: A cultural exchange visa with several subcategories, including Intern and Trainee.
Why it matters: For students or early-career professionals who want a first stint in the US. Some accelerators and programs sponsor J-1 visas.
Key facts:
- Duration varies by category (up to 18 months for trainees)
- Some J-1 categories carry a 2-year home residency requirement. You must return to France for 2 years before you can apply for certain other visas or a green card.
- Check whether the home residency requirement applies to your specific category before accepting
The Green Card Question
Most visa categories above are temporary. If you plan to stay long-term, you'll eventually need to think about permanent residency. The main employer/self-sponsored paths for tech professionals:
EB-1A (Extraordinary Ability)
Self-sponsored, no employer needed. Similar criteria to the O-1A but with a higher bar. No labor certification required. This is the fastest employment-based green card if you qualify.
EB-1C (Multinational Manager)
Requires employer sponsorship from a US company where you serve as a manager/executive and were previously employed by the foreign affiliate. Often used by L-1A holders.
EB-2 NIW (National Interest Waiver)
Self-sponsored. You must show that your work is in the national interest of the US. Tech entrepreneurs can argue this, especially in areas like AI, biotech, climate, or other strategic sectors. No job offer or labor certification required.
EB-2/EB-3 (PERM Labor Certification)
The traditional employer-sponsored path. Requires the employer to test the labor market and prove no qualified US workers are available. Slow (6-18 months for the PERM process alone) and tied to a specific employer.
The France Advantage
French citizens don't face the same green card backlogs as applicants from India or China. For most French nationals, once a petition is approved, a visa number is immediately available. This is a significant advantage that shortens the overall timeline by years.
Practical Tips
Choose your attorney carefully
Immigration law is specialized. You want someone who regularly handles business immigration and ideally has experience with startup founders. Ask for references from other founders, not just from the firm's website. La French Tech Boston members have experience with various firms. Use the community to get recommendations.
Don't wait until you need it
Start your immigration planning 6-12 months before you need to make a move. Visa processing times fluctuate, and some categories have filing windows.
Document everything
Press articles, conference talks, patents, awards, investment term sheets. Keep a running file. Whether you end up filing an O-1A, EB-1A, or EB-2 NIW, the evidentiary record matters.
Understand the tax implications
Becoming a US tax resident (which happens with most long-term visas) means you're taxed on worldwide income. France and the US have a tax treaty that helps avoid double taxation, but it doesn't eliminate complexity. Get a cross-border tax advisor early, not just a US accountant.
The France-US Tax Treaty matters
The treaty covers dividends, interest, royalties, capital gains, and social security (totalization agreement). Notably, it can affect how your French retirement contributions are treated and whether you need to continue paying into the French social security system. This is nuanced. Get advice specific to your situation.
The spouse question
Visa categories differ dramatically in how they treat spouses. E-2 dependents can work freely. O-3 holders cannot work at all. H-4 holders can work only under specific conditions. If your spouse plans to work in the US, this should be a factor in which visa you pursue.
Keep your French ties
Maintain your French social security rights, your CPF (Compte Personnel de Formation), and be strategic about your French tax residency status during the transition. The French consulate in Boston can help with administrative questions about maintaining your rights while abroad.
Key Government Resources
USCIS (US Citizenship and Immigration Services)
Official filing information, processing times, and case status
US Embassy Paris
Visa application and interview scheduling
French Consulate Boston
Services for French nationals abroad, including voter registration, passport renewal, and attestations
CFE (Caisse des Français de l'Etranger)
Voluntary continued coverage for healthcare and retirement while abroad
URSSAF
For understanding your obligations if you maintain self-employment in France while in the US
Need attorney recommendations?
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Join La French Tech BostonThis resource is maintained by La French Tech Boston for informational purposes only. Immigration law changes frequently. Always consult a qualified immigration attorney for advice specific to your situation.