New Regulations
Entrepreneurs: Be aware of a significant visa change. USCIS implemented a “final rule” effective January 17, 2025, that entirely modernizes the H-1B visa program. This new rule specifically addresses obtaining this category of visa when self-employed.
Here’s what impacts self-employed H-1B visa seekers:
Self-Employment Permitted: For the first time, an H-1B visa applicant can be an owner-beneficiary of the U.S. employer. This means foreign entrepreneurs can now start a U.S. business and petition for themselves, even if they hold a majority or controlling interest in the U.S. employer.
Expanded Definition of U.S. Employer: The rule eliminates previous language around the “employer-employee relationship” and broadens the definition of a U.S. employer, benefiting self-employed H-1B applicants. It now requires a U.S. employer to have a legal presence in the U.S., be amenable to service of process, and have an IRS tax identification number. This explicitly includes beneficiary-owned companies.
This represents a 180-degree shift. Previously, USCIS heavily scrutinized the “employer-employee relationship” to ensure the petitioning employer had sufficient control over the H-1B worker. The new rule eliminates some of the prior restrictive language, easing the path to obtaining a self-employed visa.
While USCIS still requires a “bona fide job offer,” the emphasis shifts from the detailed “right to control” a beneficiary’s daily work (as previously interpreted) to a more flexible approach. Importantly, it acknowledges various work arrangements, including telework or remote work within the U.S. This also removes the itinerary requirement, meaning petitioners no longer need to provide specific day-to-day assignments for the entire validity period. They only need to show that the position will exist by the start date.
Dual Role of Entrepreneur-Beneficiaries: The rule acknowledges the dual role of entrepreneur-beneficiaries as both business owners and specialty occupation workers. An owner-beneficiary is allowed to perform traditional owner tasks like signing leases, finding investors, negotiating contracts, and developing business plans. However, when applying for the H-1B self-employed visa, they must still demonstrate that they will perform “specialty occupation” duties (tasks requiring at least a bachelor’s degree in a specialized area of knowledge) most of the time.
Limited Validity Periods: Note that if you are self-employed, you’ll be granted a shorter period of validity. Initial H-1B petitions and the first extension for self-owned entities are limited to 18 months each. Subsequent extensions can be up to three years, up to a cumulative total of six years.
Proof of Bona Fide Job Offer: USCIS retains the authority to request contracts, work orders, or similar evidence to establish that a bona fide job offer exists. This applies even in scenarios in which a self-employed visa applicant is concerned.
Key Elements for a Successful Self-Employed H-1B Application
This change is welcome news. But it doesn’t make the petition process any less complex. To meet USCIS requirements and successfully navigate the H-1B challenges, self-employed individuals should focus on these critical elements:
Independent Legal Entity: Your company must be a distinct legal entity, such as a Limited Liability Company (LLC) or a C-Corporation. It must be separate from your personal identity. This independent status—including an Employer Identification Number (EIN)- is fundamental in order for your company to “employ” you.
Bona Fide Job Offer: USCIS will still look for evidence of a genuine job offer. Although it may seem strange to offer yourself a position, it’s vital to demonstrate that your company has a clear need for your services.
Specialty Occupation Alignment: Your entrepreneurial venture and your role within the company must directly relate to the “Specialty Occupation” for which you are seeking the H-1B self-employed visa. For instance, if you’re applying as a software engineer, your company’s core business should ideally be software development or technical consulting. In other words, your responsibilities should demand specialized knowledge.
Essential Documentation and Considerations
Preparing your self-employed visa petition meticulously is vital. You’ll need to provide:
- A detailed business plan.
- Company articles of incorporation and registration documents.
- Company bank statements.
- Company lease agreement.
- Company sales agreement or other cooperative agreements.
- Your resume and educational qualifications.
Seek Professional Guidance
The self-employed H-1B application process is even more challenging than the traditional option. Seeking assistance from experienced immigration attorneys can make the difference between success and failure. A top team can help you:
- Plan a suitable company structure that meets USCIS requirements.
- Guide you in preparing all necessary legal and business documents.
- Draft a professional business plan and supporting letters.
- Respond to potential Requests for Evidence (RFEs) from USCIS and offer expert legal advice.
- Avoid errors or inconsistencies, including incorrect fee submission. Even the smallest oversight can result in rejection.
A Recently Approved Case
With over 10 years of experience in securing H-1B visas, Luo & Associates offers the necessary expertise to successfully petition for self-employed visas for our clients. We are proud to share the details of one of our recent cases.
H-1B Self-Employed Success Story: Empowering Entrepreneurship
Client Background: Our client is a talented individual who was working for a U.S. employer under an H-1B visa. But she harbored a strong entrepreneurial vision: to launch her own business. She was confident she could leverage her expertise and self-sponsor her H-1B visa.
This ambitious goal required navigating the intricacies of the updated immigration law. One of the top concerns was USCIS’s stringent requirements for establishing a bona fide employer-employee relationship. This is an obvious challenge when you are self-sponsoring.
The Business Venture: Our client established her own Limited Liability Company (LLC). Her venture involves the sale of premium fashion products, including sophisticated menswear, womenswear, and bespoke custom tailoring services. It’s those details that matter. Her enterprise showcased a clear business purpose and a well-defined market niche.
Our Strategic Approach
Understanding the unique challenges of H-1B self-employed requirements, our firm meticulously prepared a comprehensive petition that robustly demonstrated the legitimacy of the new business and the existence of a valid employer-employee relationship. Key elements of our strategy included:
Robust Business Plan: A detailed business plan was submitted. It outlined the company’s:
- structure
- operational model
- market analysis
- financial projections
It also underscored the specialized nature of its fashion offerings and tailoring services. This plan clearly articulated the need for the self-employed visa applicant’s specialized skills within the company.
Legitimate Company Formation: Comprehensive company formation documentation for the LLC, registered in January 2025, provided irrefutable evidence of the business’s legal establishment.
Demonstrating Operational Capacity: The company’s initial address was the applicant’s rented apartment, which can hinder the H-1B self-employed application process. However, we strategically presented this as a legitimate, initial operational base and included the lease agreement. The key step here was to emphasize the nature of the business—e-commerce and custom services. Footprints for businesses like these are more flexible than other operations.
External Business Engagements: A significant factor was the inclusion of a cooperative agreement between the new company and a prominent platform. This demonstrated active business operations, external validation, and the company’s capacity to generate revenue. It also further reinforced the self-employed visa applicant’s specialized services.
Clear Employer-Employee Relationship: This is the typical sticking point in self-sponsorship. To overcome the concerns, our petition meticulously outlined how the LLC—a distinct legal entity—would control the applicant’s work. We demonstrated how the entity addresses supervision, performance reviews, and the ability to hire and fire. By detailing these elements, we established a clear employer-employee relationship in the business.
Obtaining a Successful Outcome
We filed the H-1B self-employed petition in March 2025. Our client was approved in June 2025. This swift approval underscores the strength of the petition and our firm’s ability to navigate complex H-1B scenarios—even those of self-employed visa seekers.
Empowering Entrepreneurial Dreams
Your success is our firm’s success. Every day, clients like this allow us to honor our commitment: To empower skilled professionals to achieve their entrepreneurial dreams in the U.S. We craft compelling H-1B petitions for self-employed entrepreneurs, clearly demonstrating their eligibility for this highly competitive visa category.
Are you ready to live your own dream? Contact Luo & Associates today for assistance with your H-1B, L-1, O-1, EB-1, or EB-2/3 visa applications, or to discuss green card opportunities.
Disclaimer: The information provided in this case summary is for marketing and informational purposes only and does not constitute legal advice. Past results do not guarantee future outcomes. Immigration law is complex and constantly evolving. Each case is unique, and its success depends on various factors, including the specific facts, applicable laws, and the discretion of immigration authorities. You should consult with a qualified immigration attorney for advice regarding your individual circumstances.