We are pleased to share that our firm has secured its first approval of an H-1B self-petition. This milestone allows our client to transfer from his current employer to his own company, giving him the ability to take control of his career and officially launch his business.
Effective January 17, 2025, a new rule permitted H-1B beneficiaries to self-petition, even when they hold a controlling interest in the sponsoring entity. This significant change opened the door for entrepreneurs and beneficiary-owned businesses to access H-1B status, enabling them to drive innovation and job creation in the U.S. economy. However, despite its potential, this option still remains underutilized.
At the time of writing this article our firm filed two self-petitions, one which was filed under regular processing and remains pending, and the other which was filed under premium processing and was just approved.
This approval signals the beginning of a new era for H-1B professionals who aspire to become entrepreneurs in the United States. Surprisingly there was no push back from USCIS in this case. Now this client did a great job of preparing a very detailed business plan and was able to put forward a convincing case to demonstrate that he would not just run the business but would also work in a specialty occupation.
To qualify for an H-1B, the beneficiary must demonstrate both that the position is a specialty occupation and that they are qualified to perform its duties. For self-petitioners, this means you cannot simply operate the company—you must actively perform work in your field of expertise. In our client’s case, he holds a degree in mechanical engineering and was able to show that the majority of his time would be devoted to duties requiring that specialized knowledge. At least 51% of his responsibilities were tied directly to his engineering background, while the remaining 49% involved managing the business. Notably, he owns 100% of the company.
The initial validity period for an H-1B visa is generally up to three years, with the possibility of extensions. However, when the beneficiary holds a controlling interest in the petitioning company, both the initial approval and the first extension may be limited to 18 months. After that, additional extensions of up to three years may be granted, as long as all eligibility requirements continue to be satisfied.
Conclusion
This approval represents an important milestone for H-1B workers seeking to establish their own businesses. For years, self-employment was effectively off the table due to USCIS’s restrictive interpretation of the employer–employee relationship, which hinged on whether a beneficiary could be terminated. Even after litigation clarified the proper standard, many remained hesitant to attempt self-petitioning.
The regulatory change implemented on January 17, 2025, under the Biden administration signaled a shift toward recognizing the realities of entrepreneurship for H-1B holders. Yet, with a change in administration, uncertainty lingered as to whether these petitions were approvable.
Our first approval offers encouraging confirmation that USCIS is open to this pathway. While much will depend on careful preparation, particularly in demonstrating a valid specialty occupation role, this development gives H-1B professionals new confidence to pursue their entrepreneurial ambitions. We are hopeful that this favorable approach will continue, providing foreign-born innovators greater opportunity to contribute to the U.S. economy.