Who Can Self-Petition for an H-1B Visa?

The H-1B visa is a popular choice for foreign professionals looking to work in the United States in a specialized occupation. Typically, this visa requires a U.S. employer to sponsor the applicant, but in some cases, individuals may be able to self-petition for an H-1B visa. So, who exactly can self-petition for an H-1B, and what does it take to qualify for this route?

Self-Petitioning for an H-1B Visa: A Possible Scenario

In general, the H-1B visa process requires a U.S. employer to file the petition on behalf of the applicant. However, certain individuals can self-petition for an H-1B visa, typically under specific circumstances. Self-petitioning allows the applicant to bypass the need for a third-party employer to file the petition and sponsor their visa application.

Who qualifies for this?

The most common cases for self-petitioning are those in which the individual is applying to work for a company that they own or are a major stakeholder in. For example, business owners or entrepreneurs who establish their own U.S. business can self-petition for an H-1B visa if they meet the necessary qualifications and regulatory criteria. This allows individuals to work in a specialized occupation within their own company, as long as the role requires at least a bachelor’s degree or its equivalent.

For self-petitioning to be viable, the applicant must show that they have a legitimate business with the ability to employ themselves in a position that aligns with their qualifications. Essentially, the self-petitioning individual must be able to demonstrate that they are not only a business owner but also in a specialized role that justifies an H-1B petition.

What Does It Take to Qualify?

To qualify for an H-1B visa through self-petition, applicants must meet the following basic criteria:

1. Specialized Occupation: The job must be in a specialized field that requires a bachelor’s degree or higher. This could include roles like engineers, IT professionals, scientists, and certain business positions.
2. Employer-Employee Relationship: Even though the individual is self-petitioning, USCIS will require that there be a clear employer-employee relationship between the business and the applicant. This means that the individual must not have full autonomy in running the business—there must be a clear distinction between the business and their role within it.
3. Legitimate Business Structure: The business must be a legitimate, functioning entity with the capacity to hire employees, generate revenue, and sustain operations. The applicant must show they are being hired to work in a position that is critical to the business’s success.
4. Business Plan and Evidence: As with any H-1B petition, a solid business plan is necessary to demonstrate the legitimacy of the business and the applicant’s role in it. The plan should outline how the business operates, the job functions of the applicant, and the potential for job creation or growth in the future.

Can Entrepreneurs and Investors Self-Petition?

Entrepreneurs or investors who own their own U.S. businesses may be able to self-petition for an H-1B visa, but the process is more complex than a typical employer-sponsored petition. Applicants must demonstrate that they hold a position in the company that requires specialized knowledge and that their business is viable. USCIS will assess whether the position in question meets the requirements of the specialized occupation.

Why It’s Critical to Present a Solid Business Plan

If you’re considering self-petitioning for an H-1B visa, it’s crucial to present a solid business plan that aligns with H-1B regulations. The business plan should clearly outline the role you’ll be performing within your company and how it fits the specialized occupation requirements. A well-crafted business plan is essential for demonstrating that your company is legitimate and capable of supporting the specialized position. This plan should include details on your business structure, operational model, financial projections, and job descriptions, all of which need to meet USCIS’s specific criteria for H-1B approval. Presenting a realistic, thorough business plan will not only strengthen your case but also ensure that your application complies with all regulations, significantly increasing your chances of approval.

Whether you’re a business owner or entrepreneur looking to self-petition for an H-1B, it’s critical to have a solid business plan that falls within the framework of H-1B regulations. Our team specializes in creating customized, realistic business plans tailored to your specific situation, ensuring that your self-petition meets all USCIS requirements. Contact us today to discuss how we can help you build a comprehensive business plan that supports your H-1B self-petition.

Contact us today to get started

The information provided in this blog is intended solely for informational purposes. While we strive to offer accurate and up-to-date content, it should not be considered legal advice. Immigration laws and regulations are subject to change, and individual circumstances can vary widely. For personalized guidance and legal advice regarding your specific immigration situation, we strongly recommend consulting with a qualified immigration attorney who can provide you with tailored assistance and ensure compliance with current laws and regulations.

Visa Business Plans is led by Marco Scanu, a certified coach from the University of Miami with a globally-based practice coaching Fortune 1000 company executives, entrepreneurs, as well as professionals in four different continents. Mr. Scanu advises clients on turnaround strategies and crisis management.

Mr. Scanu received a bachelor’s degree in Business Administration (Cum Laude) from the University of Florida and an MBA in Management from Bocconi University in Milan, Italy. Mr. Scanu was also a Visiting Scholar at Michigan State University under the prestigious H. Humphrey Fellowship (Fulbright program) with a focus on Entrepreneurship, Venture Capital, and high-growth enterprises.

At present, Mr. Scanu is the managing partner and CEO at Visa Business Plans, a Miami-based boutique consulting firm providing attorneys and investors with business planning services in the areas of U.S. and Canadian immigration, SBA loans, and others.

If you are looking for any of the following, we can help you!

EB-5 Visa Business Plans

EB5 Business Plans

L1A Business Plans

L Visa Business Plans

L-1 Visa Business Plans

E2 Business Plans

E2 Visa Business Plans

E1 Business Plans

E1 Visa Business Plans

Business Plan for Investor Visa

Business Plans for Immigration

Business Plan for Visa Application

Market Analysis

Feasibility Studies

Investor Visas Business Plans

NIW Business Plans

NIW Personal Endeavor Plan

NIW Personal Statement

EB-2 Visa Business Plans

Visa Business Plans