Immigration strategy for founders building U.S. businesses and accomplished professionals pursuing EB-1A or NIW self-petitions.
Fariba Faiz Law Offices PC focuses on the intersection of startup immigration, employment sponsorship and self-petitioned permanent residence. Clients work directly with Fariba Faiz to evaluate their circumstances, develop an evidentiary strategy and plan the appropriate sequence of filings.
Based in San Francisco, the firm advises founders, entrepreneurs, researchers, technology professionals, executives and employers throughout the Bay Area and nationwide.
Discuss Your Founder or Self-Petition Strategy
Immigration Planning for Startup Founders
For a founder, immigration planning must account for the company as well as the individual. Ownership, corporate structure, actual job duties, compensation, business operations, funding, immigration status and the desired timeline can all affect the strategy.
The consultation can address whether the existing structure supports the proposed employment, what records need to be developed and how near-term work authorization relates to long-term permanent residence goals.
- H-1B founder and employer sponsorship.
- O-1 extraordinary ability petitions for accomplished founders and professionals.
- E-2 treaty investor planning.
- L-1 multinational and new-office strategies.
- H-1B1 and E-3 analysis where nationality and employment circumstances warrant consideration.
EB-1A and NIW Self-Petitions
EB-1A extraordinary ability and EB-2 National Interest Waiver classifications permit qualifying individuals to self-petition. Self-petitioning does not eliminate the need to establish eligibility through a persuasive, well-supported record.
Fariba Faiz assists with candid eligibility assessment, defining the field or proposed endeavor, identifying evidentiary gaps, organizing the record and developing petition strategy. A founder's business plan, funding or incorporation documents should be evaluated in the context of the applicable legal standard and the individual's achievements.
A Self-Petition Is Not Work Authorization
Filing or obtaining approval of an EB-1A or NIW immigrant petition does not, by itself, authorize employment or grant lawful nonimmigrant status. A founder's current work authorization, maintenance of status, visa availability and the next permanent residence steps must be addressed separately.
Starting a company or obtaining funding does not automatically establish eligibility for a founder visa, EB-1A or NIW. Each pathway has its own requirements and evidence.
From Hiring to Long-Term Workforce Planning
Startups also need immigration counsel for the professionals they employ. The firm advises on H-1B hiring and changes of employer, H-1B1, E-3 and PERM-based EB-2 and EB-3 sponsorship. The aim is to coordinate hiring, retention and permanent residence planning with the company's actual needs.
Case Reviews, RFEs and Second Opinions
If you already have a petition, an RFE, a denial or a proposed strategy, a document review and second opinion can assess the record and identify the issues that require attention. Extensive document review is a separate service from the one-hour consultation.
Prepare for a Focused Consultation
Provide your resume, current status and key deadlines, a brief business or career summary, ownership information if relevant, and your principal questions. For a self-petition, identify your most significant achievements and the evidence currently available.
Schedule a Strategy Consultation
Updated October 13, 2026.
Official Resource
USCIS: Employment-Based National Interest Waiver Policy Guidance
