In a significant immigration policy reform for 2025, the United States has introduced a groundbreaking change that allows entrepreneurs, startup founders, and sole proprietors to self-petition for an H-1B visa—removing the long-standing requirement of a traditional U.S. employer as sponsor. This shift redefines the concept of an “employer” under the H-1B program and paves a new path for foreign-born innovators to establish and grow their businesses in the U.S.
Highlights of the 2025 H-1B Visa Policy Reform
The updated rule, first announced in late 2024, officially permits qualified individuals to sponsor themselves under their own business entities. Previously, founders were dependent on third-party employers to file petitions, which often created legal and operational challenges.
According to updated U.S. Citizenship and Immigration Services (USCIS) guidelines, eligible entrepreneurs can now:
- Petition for an H-1B visa through their own company
- Act simultaneously as business owner and employee, provided the company’s structure allows for an employer-employee relationship
- Apply under either the standard H-1B cap or via cap-exempt channels
Who Qualifies? Key Eligibility Requirements
To benefit from this reform, founders must meet several specific conditions:
- Own or operate a legitimate U.S.-based company
- Establish a bona fide employer-employee relationship, even if self-owned
- Provide proof of the company’s financial capacity to pay the H-1B wage
- Hold at least a bachelor’s degree in a field relevant to a qualifying specialty occupation
- Demonstrate that the role requires both theoretical and practical application of specialized knowledge
USCIS emphasizes that simply running a business does not meet H-1B requirements unless the position is classified as a specialty occupation.
Visa Duration and Extension Options
The H-1B visa offers:
- An initial validity period of three years
- Eligibility for extensions up to six years
- Additional extension options for individuals in the process of securing U.S. permanent residency
Applicants remain subject to the annual H-1B lottery, unless applying under a cap-exempt provision such as those available to certain academic or nonprofit institutions.
Why This Change Matters
The Department of Homeland Security (DHS) stated:
“If more entrepreneurs are able to obtain H-1B status to develop their business enterprise, the U.S. could benefit from the creation of jobs, new industries, and new opportunities.”
This update aligns with U.S. efforts to reinforce its global leadership in innovation, technology, and job creation by lowering immigration barriers for skilled entrepreneurs.
Steps for Aspiring Founders: How to Apply
1. Form a Legally Structured U.S. Business Entity
Choose an entity type (e.g., LLC or Corporation) that supports oversight—such as a board of directors or advisory committee—to establish a legitimate employer-employee dynamic.
2. Develop a Strong Business Plan
Demonstrate your venture’s viability with clear objectives, financial projections, competitive positioning, and a strategy for job creation.
3. Prove Financial Readiness
Show evidence such as investor funding, payroll plans, or bank statements that prove the company can meet wage obligations under the H-1B requirements.
4. Match Your Role to a Specialty Occupation
Your position must require specialized knowledge and be directly aligned with your academic background. Common qualifying roles include:
- Software Engineer
- Data Scientist
- Biotech Researcher
- Financial Analyst
- Artificial Intelligence (AI) Specialist
5. Maintain Proper Oversight
USCIS requires founders to be supervised in their employment role—typically by a board, CEO, or designated officer with authority to hire or fire.
Implications for Global Entrepreneurs
This reform presents a new opportunity for international founders seeking to build their businesses in the United States. By enabling self-sponsorship, the U.S. eliminates a major hurdle that previously limited entrepreneurial visa access to those who could find an employer sponsor.
Startups can now establish themselves with greater autonomy, while still meeting the strict standards set by USCIS for H-1B eligibility.
A Strategic Shift Toward Global Talent
By broadening H-1B eligibility to include self-sponsoring founders, the United States is signaling its intent to attract the next generation of global innovators. DHS notes that such policies are essential for sustaining long-term economic competitiveness and technological leadership.
This change builds on the legacy of immigrant-founded tech giants in the U.S.—potentially unlocking the next wave of entrepreneurship that will shape the future of industries and economies alike.
