US Visa Options for UK SaaS Founders
E-2 Treaty Investor, O-1 Extraordinary Ability, L-1 Transfer, B-1 Business Visitor — and when you don't need a visa at all
Most Common for UK
Best for Traction
ESTA (No Visa)
Remote Operation
Do You Even Need a US Visa?
Many UK Founders Operate Entirely from the UK
Here is a fact that surprises many UK founders: you do not need a US visa to own, direct, or profit from a Delaware C-Corp. Thousands of non-US founders successfully run their US companies without ever relocating. A visa is only required if you want to physically live and work inside the United States.
What You CAN Do Without a Visa
- Own 100% of a Delaware C-Corp
- Serve as a director and officer
- Sign legal documents remotely
- Attend board meetings via video call
- Manage US employees remotely
- Receive dividends (subject to withholding)
- Open a US bank account (Mercury, Relay)
- Raise VC funding from US investors
What REQUIRES a Visa
- Living in the United States
- Performing day-to-day work on US soil
- Working from a US co-working space or office
- Staying longer than 90 days per trip
- Receiving a US-source salary while in the US
- Managing US-based staff on-site daily
Your US company is taxed in the US regardless of where you physically sit. The IRS cares about where the company is incorporated and where it earns income — not where the founder's desk is located. This makes the "remote founder" model extremely attractive for UK-based entrepreneurs who want US legal infrastructure without US immigration complexity.
Visa Comparison Table
| Visa | Best For | Investment Required | Processing Time | Duration | Path to Green Card |
|---|---|---|---|---|---|
| E-2 | Funded startups | $100K+ substantial | 2–4 months | 2 years (renewable) | No direct path |
| O-1A | Founders with traction | None | 2–4 weeks (premium) | 3 years | Yes (EB-1) |
| L-1A | UK Ltd to US subsidiary | None | 2–6 months | 1–3 years | Yes (EB-1C) |
| B-1 / ESTA | Short trips | None | 1–2 weeks (ESTA) | 90 days max | No |
| H-1B | Employee of own company | None | Lottery (April) | 3 years | Yes (EB-2/3) |
E-2 Treaty Investor Visa
The Most Common Visa for UK Startup Founders
The E-2 Treaty Investor visa is the go-to option for UK founders who want to relocate to the United States to run their startup. The UK maintains a bilateral treaty with the US that makes British citizens eligible for E-2 status — a significant advantage, since many countries (including India, China, and Brazil) do not have E-2 treaties.
Why E-2 Works for UK Founders
The UK is one of the most favorable E-2 treaty countries. British nationals receive a 2-year initial grant (5 years at some consulates), with unlimited renewals in 2-year increments. Your spouse receives automatic work authorization.
E-2 Requirements
- "Substantial investment" — There is no fixed legal minimum, but for tech companies, $100,000+ is the safest threshold. The investment must be "at risk" and committed to the enterprise.
- Treaty nationality — You must be a UK national (British citizen). The company must be at least 50% owned by UK nationals.
- Direct and develop — You must be directing and developing the enterprise, not just a passive investor.
- Not marginal — The business must have the capacity to generate more than enough income to support you and your family, or it must make a significant economic contribution.
- Intent to depart — You must intend to leave the US when your E-2 status ends (though you can renew indefinitely).
Advantages
- Renewable indefinitely in 2-year increments
- Spouse can work with EAD (any employer)
- Children can attend US schools
- No annual cap or lottery
- Relatively fast processing (2–4 months)
- Can be processed at US Embassy in London
- No minimum education requirement
Limitations
- No direct path to green card
- Requires "substantial" investment ($100K+)
- Must maintain the business or lose status
- Can only work for the E-2 company
- Must re-apply at consulate for renewal
- Children age out at 21
- If business fails, must leave the US
What Counts as "Substantial Investment"?
The law does not specify a dollar amount. USCIS uses a proportionality test: the investment must be substantial relative to the total cost of establishing the business. For a tech startup with low physical overhead, $100,000–$200,000 is a common threshold. This can include:
- Funds deposited into the US company's bank account
- Equipment, inventory, and lease payments
- Salaries paid to US employees
- Software development costs (if contracted to US providers)
- VC funding received by the company (counts toward investment)
E-2 to Green Card Transition
The E-2 visa does not directly lead to a green card, which is its biggest drawback. However, you can transition to permanent residency through other pathways while on E-2 status:
- EB-5 Immigrant Investor — $800,000+ investment creating 10 jobs
- EB-1A Extraordinary Ability — If you build enough traction (see O-1A section below)
- EB-2 National Interest Waiver — If your startup serves the national interest
- Employer-sponsored (EB-2/EB-3) — If another company offers to sponsor you
For a comprehensive deep-dive on E-2 visas, see our dedicated guide: E-2 Treaty Investor Visa Guide.
O-1A Extraordinary Ability Visa
Best for Founders With Demonstrated Traction
The O-1A visa is for individuals who can demonstrate "extraordinary ability" in business, science, education, or athletics. Despite the intimidating name, many startup founders qualify — especially those who have raised venture funding, been featured in major publications, or have a strong professional track record.
Why O-1A is the Best Long-Term Option
Unlike the E-2, the O-1A leads directly to the EB-1A green card category (which is self-petitioned — no employer sponsorship needed). Premium processing is available for 15-business-day adjudication.
Evidence Categories (Need 3 or More)
You must demonstrate at least three of the following eight criteria:
1. Awards or Prizes
- Nationally or internationally recognized awards
- Accelerator acceptance (YC, Techstars)
- Startup competition wins
- Industry honors or recognitions
2. Published Material About You
- Press coverage in major publications
- TechCrunch, Forbes, Wired, The Guardian
- Industry trade publications
- Podcast appearances with large audiences
3. Membership in Associations
- Professional organizations with selective criteria
- Invite-only founder communities
- Industry advisory boards
- Selective accelerator alumni networks
4. Judging Others' Work
- Startup competition judge
- Grant review panelist
- Mentor at accelerators
- Peer reviewer for publications
5. Original Contributions
- Patents or patent applications
- Open-source projects with adoption
- Novel business methodology
- Products with significant market impact
6. Scholarly Articles
- Published research or white papers
- Technical blog posts with wide readership
- Conference papers
- Industry reports you authored
7. High Salary / Remuneration
- Salary significantly above peers
- Equity value in funded company
- Consulting fees above market rate
- Speaking engagement fees
8. Leading Role in Distinguished Org
- CEO/CTO of a funded startup
- VP+ at a recognized company
- Board member of established organization
- Department head at notable firm
Startup-Relevant Evidence That Strengthens O-1A Petitions
- Significant funding raised — Series A or substantial seed rounds demonstrate market validation of your extraordinary ability
- Press coverage — Features in TechCrunch, Forbes, The Times, or industry publications
- Patents granted or pending — Particularly strong evidence of original contributions
- Speaking at major conferences — Web Summit, TechCrunch Disrupt, SaaStr, etc.
- Advisory board roles — Serving as an advisor to other startups or organizations
- Revenue or user growth metrics — Demonstrates the significance of your contributions
- Expert recommendation letters — 5–8 letters from industry leaders who can speak to your extraordinary ability
Advantages
- No investment requirement
- Premium processing (15 business days)
- 3-year initial period, extendable in 1-year increments
- Direct path to EB-1A green card (self-petitioned)
- No annual cap or lottery
- Spouse can apply for EAD
Limitations
- Requires strong evidence of extraordinary ability
- First-time founders may struggle to qualify
- Requires US agent or employer as petitioner
- Legal fees typically $10K–$20K
- Extensive documentation required
- Adjudication can be inconsistent
L-1A Intracompany Transfer Visa
Best If You Already Have a UK Ltd
The L-1A visa allows managers and executives to transfer from a foreign company to a related US entity. If you have been running a UK Ltd for at least one year and want to open a US office (your Delaware C-Corp), the L-1A can be an excellent pathway.
L-1A Requirements
- Qualifying relationship — The UK Ltd and US C-Corp must have a qualifying relationship (parent/subsidiary, branch, or affiliate)
- One year of employment — You must have worked for the UK Ltd for at least 1 continuous year within the past 3 years
- Managerial or executive capacity — You must have served in (and will serve in) a managerial or executive role
- Continuing operations — The UK Ltd must continue to operate while you are in the US
New Office L-1 (Startup Friendly)
- Available even for newly formed US entities
- Initial 1-year grant period
- Must show viable business plan
- Demonstrate ability to support executive role within 1 year
- Physical office space required
- Renewable to full 3-year term after first year
Key Benefits
- No investment requirement
- Leads to EB-1C green card (employer-sponsored)
- Spouse receives EAD work authorization
- Blanket L-1 available for large companies
- No annual cap or lottery
- Can extend up to 7 years total
The UK Ltd to US C-Corp Structure
A common and effective structure for L-1A:
- Operate your UK Ltd for at least 1 year, with you in a managerial role
- Form a Delaware C-Corp as a subsidiary of the UK Ltd (or as a related entity with shared ownership)
- Apply for L-1A to transfer from the UK parent to the US subsidiary
- On approval, relocate to the US and run the Delaware C-Corp operations
- After 1 year, renew for up to 3 years; begin EB-1C green card process
B-1 Business Visitor / ESTA
For Initial Setup Trips and Short Visits
As a UK citizen, you are eligible for the Visa Waiver Program (ESTA), which allows you to enter the US for up to 90 days without applying for a formal visa. This is typically the first entry method UK founders use when setting up their US company.
Permitted Activities (B-1 / ESTA)
- Attend business meetings and conferences
- Negotiate contracts
- Visit your bank to sign account documents
- Meet potential investors or partners
- Tour office space or facilities
- Attend board meetings in person
- Consult with US attorneys and accountants
Prohibited Activities (B-1 / ESTA)
- Perform productive work or services
- Receive US-source salary or wages
- Code, design, or build product on US soil
- Manage day-to-day operations continuously
- Extend beyond 90 days (ESTA)
- Change status while on ESTA
Typical UK Founder Setup Trip Itinerary
- Apply for ESTA online (usually approved within 72 hours, valid for 2 years)
- Fly to the US — bring your Certificate of Incorporation, EIN letter, and board resolutions
- Visit Mercury or bank branch to finalize account opening and verify identity
- Meet with potential investors, advisors, or co-founders
- Attend any in-person meetings required for fundraising
- Return to the UK within 90 days — continue operations remotely
H-1B Specialty Occupation Visa
Generally Not Recommended for Founders
The H-1B is the most well-known US work visa, but it is generally the least recommended option for startup founders. Here is why:
- Annual lottery — Registration opens in March, with a random selection process. In recent years, selection rates have been as low as 25–30%.
- Self-sponsorship issues — As a founder, your company would sponsor you, which creates a conflict: you are both the petitioner (employer) and the beneficiary (employee). USCIS scrutinizes these cases.
- Bachelor's degree required — You must hold a bachelor's degree (or equivalent) in a field related to your role.
- Cap-exempt exceptions — Only applies if working at a nonprofit or university, which is not relevant for most startups.
- Processing delays — Even if selected in the lottery, processing can take 6–12 months (premium processing available for an additional $2,805).
The one scenario where H-1B might make sense: if you are already in the US on another status (e.g., F-1 OPT from a US university) and your startup is established enough to file a credible H-1B petition while you explore O-1A or other options.
Operating Remotely Without a Visa
The "Remote Founder" Model
An increasing number of UK SaaS founders choose to operate their Delaware C-Corp entirely from the UK, avoiding visa complexity altogether. This is perfectly legal and increasingly common in the post-pandemic startup ecosystem.
How Remote Operation Works
Corporate Governance
- Board meetings via video call (Zoom, Google Meet)
- Electronic signatures for all documents (DocuSign)
- US registered agent handles mail and legal process
- Delaware does not require in-state meetings
- Annual franchise tax filed online
Banking & Finance
- Mercury or Relay: open remotely, no US visit needed
- Stripe for payment processing
- Wise for GBP/USD transfers
- US accountant files Form 1120 annually
- Payroll services for US employees (Gusto, Deel)
Tax Implications
- US company taxed in US (21% federal rate)
- Your UK salary from the C-Corp is UK-taxable
- Dividends subject to 15% US withholding (treaty rate)
- Claim foreign tax credit on UK Self Assessment
- No US personal income tax if not US person
Limitations
- Cannot physically work in the US
- Client meetings must be virtual or on ESTA trips
- Time zone difference (5–8 hours behind UK)
- Some investors prefer US-based founders
- Harder to build local network without relocating
Permanent Establishment Risk
One concern with the remote model is "permanent establishment" (PE). If HMRC determines that your Delaware C-Corp has a PE in the UK (because you, the key decision-maker, are in the UK), the company could become liable for UK Corporation Tax on its UK-sourced profits. To mitigate this:
- Ensure the company's contracts are not habitually concluded in the UK
- Maintain a US registered agent and US address as the company's principal place of business
- Hold yourself out as a remote worker, not the UK "office" of the US company
- Consult a cross-border tax adviser to structure properly
For more on the tax implications, see our guides on UK-US Tax Treaty for Founders and HMRC Reporting Obligations.
Which Visa Should You Choose?
Decision Framework for UK Founders
Your best visa option depends on your specific circumstances. Use this framework to identify the right path:
You DON'T need to relocate
- Operate remotely from the UK
- Use ESTA for occasional trips (up to 90 days)
- No visa application needed
- Simplest and cheapest option
You have $100K+ to invest
- E-2 Treaty Investor visa
- Best if you have funding or savings
- Spouse can work (any employer)
- Renewable indefinitely
You have strong traction / credentials
- O-1A Extraordinary Ability visa
- Best if you have press, funding, patents
- Premium processing in 15 days
- Path to EB-1A green card
You have an established UK Ltd
- L-1A Intracompany Transfer
- Must have 1+ year at UK company
- Path to EB-1C green card
- "New Office" option for fresh US entity
Need Help Choosing the Right Visa Path?
Immigration strategy is deeply personal and depends on your funding, timeline, family situation, and long-term goals. Schedule a consultation to discuss your specific situation.
Schedule a ConsultationSergei Tokmakov, Esq. — CA Bar #279869
Frequently Asked Questions
Can I get an E-2 visa with venture capital funding instead of personal investment?
Yes, with careful structuring. VC funding deposited into your Delaware C-Corp's bank account can count toward the "substantial investment" requirement, provided the company remains at least 50% owned by nationals of a treaty country (the UK). However, if a VC round dilutes UK nationals below 50% ownership, the company may lose E-2 eligibility. Some immigration attorneys recommend maintaining E-2 eligibility through a dual-class share structure where UK founders retain voting control. This is a nuanced area — consult with an immigration attorney before your funding round closes.
How long can I stay in the US on ESTA for business purposes?
ESTA allows UK citizens to stay in the US for up to 90 days per visit under the Visa Waiver Program. There is no formal limit on the number of trips per year, but US Customs and Border Protection (CBP) officers have discretion to deny entry if they believe you are using ESTA to effectively live in the US. A good rule of thumb: spend no more than 120–150 days per year in the US across all ESTA trips. If you need to spend more time than that, apply for an appropriate work visa.
Can my spouse work in the US while I am on an E-2 visa?
Yes. E-2 dependent spouses (E-2D status) are eligible for an Employment Authorization Document (EAD), which permits them to work for any US employer in any field. This is a significant advantage of the E-2 visa category. Your spouse applies for the EAD separately using Form I-765 after arriving in the US. Processing typically takes 3–5 months, though premium processing may be available. The EAD is valid for the same period as your E-2 status and must be renewed alongside it.
Do I need a US visa just to attend investor meetings?
No. Attending investor meetings, pitch events, and business conferences is permitted under ESTA (Visa Waiver Program) or a B-1 business visitor visa. You can enter the US on ESTA, attend Demo Day or Sand Hill Road pitch meetings, negotiate a term sheet, and return to the UK — all without a work visa. What you cannot do on ESTA/B-1 is perform productive work (such as coding or managing daily operations) while physically in the United States.
Can I switch from E-2 to O-1A without leaving the US?
Yes, you can file a Change of Status (Form I-129) from E-2 to O-1A while remaining in the US. This is a common transition for founders who initially enter on E-2 and later build enough traction to qualify for O-1A. The advantage of changing to O-1A is that it provides a direct path to the EB-1A green card, which the E-2 does not. Premium processing is available for the O-1A petition, allowing a decision within 15 business days. Note that while your change of status is pending, you must maintain valid E-2 status.