The H-1B visa has long been a critical pathway for skilled foreign professionals seeking to work in the United States. However, for foreign business owners looking to sponsor themselves under the H-1B program, recent changes introduced by the Department of Homeland Security (DHS) bring new opportunities and stricter guidelines. If you are a foreign entrepreneur or business owner, understanding these updates is crucial for ensuring compliance and maximizing your chances of securing an H-1B visa.
Can a entrepreneur Apply for an H-1B Visa?
Yes, business owners who hold a controlling interest in a U.S.-based company can file an H-1B petition for themselves. However, the U.S. Citizenship and Immigration Services (USCIS) has established new rules limiting the initial approval period and first extension to 18 months each. This means that while self-sponsorship is possible, it comes with additional scrutiny and regulatory requirements.
H-1B for entrepreneurs
DHS has introduced several measures to strengthen the integrity of the H-1B for entrepreneurs and ensure that petitioning employers provide genuine, specialty occupation roles for their beneficiaries. Here’s what you need to know:
1. Proof of a Bona Fide Specialty Occupation
Petitioners must demonstrate that a legitimate job exists within their company that qualifies as a specialty occupation. This means the job must require a bachelor’s degree or higher in a specific field relevant to the role. USCIS may request contracts or similar evidence to verify the legitimacy of the position.
2. Revised Definition of a ‘United States Employer’
DHS has clarified that a U.S. employer must have a bona fide job offer available for the beneficiary at the time of filing. Additionally, the employer must have a legal presence in the United States and be subject to service of legal process.
3. New Limitations on Petition Validity
- Initial H-1B petition validity: Up to 18 months for business owners with a controlling interest.
- First extension validity: Also limited to 18 months.
- Standard three-year approvals for other H-1B petitions remain unchanged.
4. Increased USCIS Site Visits
DHS is reinforcing USCIS’ authority to conduct site visits to verify compliance. If a petitioning employer refuses to comply, USCIS may deny or revoke the petition.
5. Third-Party Worksite Compliance
For H-1B workers placed at third-party worksites, the specialty occupation requirements of the third party will be considered, not just those of the petitioner. This ensures that the beneficiary’s role aligns with their educational qualifications.
What These Changes Mean for Foreign Business Owners
If you are filing for a H1-B for entrepreneurs, you must take the following steps:
- Ensure your company has a valid specialty occupation role that meets USCIS criteria.
- Maintain proper documentation, including business contracts, payroll records, and operational details.
- Prepare for site visits by ensuring your company’s records and operations align with the information provided in your petition.
- Seek legal counsel to navigate the complexities of self-sponsorship under the H-1B program.
Final Thoughts
While the new regulations impose additional scrutiny, they also reaffirm that business owners can qualify for H-1B status if they meet the necessary requirements. If you are an entrepreneur planning to self-petition for an H-1B visa, staying informed and ensuring compliance with these rules will be key to a successful application.
For more updates on H-1B visas and business immigration, stay connected with us! If you need assistance with your H-1B petition, contact Ahluwalia Law Offices for expert guidance.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For expert guidance, contact Ahluwalia Law Offices, P.C.
Read More:
H-1B for Entrepreneurs: How Business Owners Can Self-Sponsor
How to Prepare for the H-1B Lottery: A Step-by-Step Guide for Foreign Workers
Step-by-Step Guide: Setting Up a USCIS Organizational Account for H-1B Petitions
H-1B 2026 Lottery: 5 Major Updates Employers & Applicants Must Know
