In a groundbreaking policy shift, the US government has begun allowing startup founders to self-sponsor their H-1B work visas. This move, implemented in early 2025, marks a transformative change in America’s immigration landscape and opens a direct path for foreign entrepreneurs to establish and grow companies without depending on a traditional employer.
A New Era for Entrepreneurial Immigration
Previously, the H-1B visa required an established employer to petition on behalf of the foreign worker. Now, startup founders who own at least 50 percent of a legally formed US business can sponsor themselves—provided they meet strict requirements. The goal is to fuel innovation, job creation, and economic opportunity by supporting entrepreneurs.
How Founders Can Qualify
To self-sponsor an H-1B visa, startup founders must fulfill five key criteria:
- Form a Registered US Company
The startup must be incorporated in the United States and offer a specialty occupation that typically requires a bachelor’s degree. - Prove Employer-Employee Relationship
Founders must show oversight exists through a board of directors or third-party investor group, establishing that the company—not the individual—controls employment. - Enter the H-1B Lottery (or be Cap-Exempt)
Most applicants will enter the annual H-1B cap lottery. However, founders affiliated with nonprofits or research institutions may bypass the cap. - Meet Wage and Job StandardsThe company must be financially capable of paying the market wage for the founder’s role, as per US labour regulations.
- File Form I-129 with Documentation
A detailed petition must be submitted to USCIS demonstrating the startup’s legitimacy, financial health, and compliance with visa rules.
Road to Permanent Residency
Founders can hold H-1B status for an initial three years, renewable for another three. If pursuing a green card, further extensions may be granted under the AC21 Act. To qualify, entrepreneurs must have a pending or approved I-140 immigrant petition.
Why It Matters
This shift empowers global talent to contribute to the US economy without bureaucratic hurdles.
