Entrepreneurs, The Rules Have Changed: How to Get an H-1B Visa Without a Sponsor

Starting a business in the U.S. as a foreign entrepreneur has always come with immigration hurdles. Many visa categories require sponsorship from a third-party employer, which can be challenging for those who want to run their own company. However, recent updates to H-1B visa regulations provide a clearer path for entrepreneurs to self-sponsor, making it possible to launch and scale a business while maintaining legal work authorization.

Understanding the H-1B Visa

The H-1B visa is designed for foreign workers in specialty occupations that require specialized knowledge and a bachelor’s degree or higher in a specific field. Common professions include IT, engineering, architecture, and more.

Can Entrepreneurs Self-Sponsor for an H-1B Visa?

Historically, the H-1B visa required a traditional employer-employee relationship, which posed challenges for entrepreneurs wishing to self-sponsor. However, the Department of Homeland Security’s (DHS) H-1B modernization final rule, effective January 17, 2025, offers new possibilities:

Ownership and Sponsorship: Entrepreneurs who own a controlling interest in a U.S.-based company can have their company sponsor them for an H-1B visa. This means your startup can act as your employer, provided certain conditions are met.

Key Requirements for Entrepreneurial H-1B Petitions

To successfully self-sponsor through your own company, consider the following:

Establish a Bona Fide U.S. Company: Your business must be a legitimate U.S. entity, such as an LLC or corporation, with proper registration and compliance.
Demonstrate a Valid Employer-Employee Relationship: Even as an owner, there must be a clear structure showing that the company has the right to control your employment. This could involve:
• Board of Directors: Having a board that can oversee and, if necessary, terminate your employment.
• Employment Agreement: Drafting contracts that outline your role, responsibilities, and the company’scontrol over your work.
Specialty Occupation Requirement: The position you occupy must require specialized knowledge and a relevant degree. Ensure your role aligns with this criterion.
Compliance with H-1B Regulations: Adhere to all standard H-1B requirements, including prevailing wage obligations and maintaining public access files.

Changes in Validity Periods

The new DHS rule specifies that for beneficiaries with a controlling ownership interest:

Initial Petition and First Extension: Each is limited to a maximum validity of 18 months.

This adjustment aims to ensure ongoing compliance and the genuine nature of the employer-employee relationship.

Benefits of the H-1B Visa for Entrepreneurs

Dual Intent: H-1B status allows for the intention to seek permanent residency without jeopardizing your visa.
Work Authorization: Entrepreneurs can legally work for their U.S. business while also pursuing green card options.
Expansion Potential: Entrepreneurs on an H-1B visa can eventually sponsor employees, growing their business and contributing to the U.S. economy.

Final Thoughts

For entrepreneurs looking to establish and grow their businesses in the U.S., the updated H-1B policies offer a new path to self-sponsorship. With proper planning and compliance, entrepreneurs can leverage the H-1B visa to build successful ventures in the U.S. and secure a long-term future. Contact us today.

It’s crucial to work with a qualified immigration attorney to ensure all regulatory requirements are met.

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.

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