16
Jul

New H‑1B Visa Rules Empower Startup Founders: Self-Petition Now Possible in the U.S.

Since 2025, the U.S. immigration system has opened new doors for entrepreneurs. Founders can now self-petition for an H‑1B visa, even if they own 100% of their company eliminating the traditional need for an external employer.

This is a game-changing opportunity for international innovators who want to build their startup in the U.S. while working legally within it.

Key Highlights of the New Policy

Founders as Employers: The U.S. now recognizes that entrepreneur-founders can act as both employer and employee, provided there is a clear oversight mechanism (e.g., board of directors).

  • Visa Duration:

    • Initial Term: 18 months

    • First Renewal: Additional 18 months

    • Further Extension: Eligible for up to 3 years total

  • Specialty Occupation Requirement:
    The founder’s role must require at least a bachelor’s degree in a field relevant to the startup’s business.

  • Eligibility Requirements

  • 1. Legitimate U.S. Business Setup

    • Must be a legally registered LLC or Corporation (no sole proprietorships).

    • Company must have:

      • EIN (Employer Identification Number)

      • U.S. business bank account

      • Physical office address

    2. Clear Employer-Employee Relationship

    • Must show company oversight (e.g., a board or independent managers).

    • Proves the founder can be “managed,” satisfying USCIS employment criteria.

    3. Specialty Occupation Role

    • Job must require specialized knowledge.

    • Must align with the founder’s degree or equivalent experience.

    4. Ability to Pay Prevailing Wage

    • Business must demonstrate ability to pay founder per DOL wage standards.

    • Verified via financial documents or funding evidence.

    5. Comprehensive Documentation

    • Business Plan

    • Organizational Chart

    • Market Analysis

    • Contracts & Job Offer Letter

    • Financial Projections

  • Step-by-Step: H‑1B Visa for Startup Founders

     

    Stage Description
    1. Set Up Entity Register LLC or Corporation, obtain EIN, open a U.S. bank account
    2. Prepare Documentation Draft a detailed business plan, job offer letter, org charts
    3. File LCA Submit Labor Condition Application with Department of Labor
    4. H‑1B Registration Enter USCIS lottery during March window (fee: ~$215)
    5. File H‑1B Petition (Form I‑129) Submit full petition with supporting documents if selected
    6. Respond to RFE Address USCIS Requests for Evidence (if applicable)
    7. Start H‑1B Term Work legally for your own startup for 18 months
    8. Renew/Extend Apply for 18-month renewal and up to 3-year total extension

    How BWW Immigration Services Can Help

    We offer a comprehensive startup visa solution tailored for founder-entrepreneurs:

    Startup Setup Package

    • U.S. entity formation (LLC/Corp)

    • EIN registration & office setup guidance

    • Banking and compliance onboarding

    Business Plan & Role Alignment

    • Professionally written plans and projections

    • Org structure and job roles aligned with your academic background

    LCA & Prevailing Wage Filing

    • Wage research and Labor Condition Application filing

    H‑1B Petition Assistance

    • Full preparation and filing of Form I‑129

    • Support with electronic registration and documentation

    RFE Response & USCIS Liaison

    • Experienced handling of RFEs

    • Professional communication with USCIS

    Ongoing Compliance Support

    • Assistance with renewals, wage compliance, audits, and legal filings

    Pros & Cons of the Founder-Based H‑1B Route

    Advantages

    • Full control: No third-party employer needed

    • Legal work status: Operate and grow your startup with work authorization

    • Pathway to longer stay: Initial 18 months + renewals

    Challenges

    • Greater scrutiny from USCIS

    • Must clearly show oversight and financial sustainability

    • Shorter initial visa term compared to standard H‑1Bs

    Next Steps for Interested Entrepreneurs

    1. Identify Clients with degrees or experience related to their startup’s business focus

    2. Assess Eligibility for self-sponsored H‑1B route

    3. Package Services combining business setup + immigration pathway

    4. Begin Planning 8–12 months before the H‑1B lottery registration window

    Ready to Build Your U.S. Startup Legally?

    Travel With BWW is here to help founders take control of their immigration journey from incorporation to visa success.