The H-1B visa is among the most sought-after U.S. work visas available for skilled professionals, but can entrepreneurs also apply for an H-1B visa to launch or operate a business in the U.S.? Although it is an employer-sponsored visa, it can still be used by entrepreneurs under certain circumstances.
In this article, we will cover:
✔ Can a foreign entrepreneur apply for an H-1B visa?
✔ Requirements for an entrepreneur visa in the U.S.
✔ H-1B visa eligibility for startup founders
✔ H1B Alternatives for Entrepreneurs
✔ How to go from H-1B to Green Card by being a business owner
Let’s get started! 🚀
Can Entrepreneurs Apply for an H-1B Visa?
Yes, but there are challenges.
The H-1B, unlike other employment-based visas, requires employer sponsorship, which means an entrepreneur can’t self-petition. But it may accelerate the entrepreneur’s process under certain conditions through a startup or business sponsorship.
Key Challenges for Entrepreneurs Seeking an H-1B Visa
🚫 Self-sponsorship is not allowed. Your employer has to sponsor you for an H-1B visa (you cannot sponsor yourself).
🚫There must be an employer-employee relationship. USCIS also requires that your employment be controlled by your company, which can be hard to do if you own the company.
🚫 The role must be a “speciality occupation.” Your business role must require a specialised degree (i.e. tech, finance, biotech, etc.)
📌 Tip: If you are a startup founder or a small business owner, you need to have a board of directors or investors that can hire/fire you, establishing a bona fide employer-employee relationship.
Related – How to Get an H-1B Visa
H-1B Visa Requirements for Entrepreneurs & Startup Founders
If you are an entrepreneur seeking an H-1B visa, your company must meet stringent criteria to prove that the position is worthy of sponsorship.
1. Your Business Must Be a Legitimate U.S. Entity
✔ Form a U.S. (LLC, C-Corp, or S-Corp) Company
✔ Your Employer Identification Number (EIN) from the IRS must remain valid.
✔ Obtain an official business address, as well as a business website and the necessary legal documentation.
2. You Must Have an Employer-Employee Relationship
✔ The business needs to have directors, investors or co-founders to be able to control hiring/ firing decisions.
✔ The owner/founder cannot put themselves in charge of their decision-making. Someone else must monitor and supervise their actions.
📌 Example: If you are the CEO, your investors or board of directors must have the right to fire you, showing you are an “employee” of the company.
3. The Job Must Be a Speciality Occupation
✔ Your work must involve at least a bachelor’s degree in a specialised field (e.g., engineering, computer science, business analytics).
✔ Common H-1B entrepreneur job titles include:
- Software Engineer (Tech startup founders)
- Financial Analyst (Fintech startup founders)
- Data Scientist (AI & Machine Learning startups)
- Medical Researcher (Biotech startup founders)
📌 Tip: If your position does not qualify under the speciality occupation requirement, look at other visas such as O-1, E-2, EB-5.
4. Your Business Must Pay a Competitive Salary
✔ The company must pay you at least the prevailing wage determined by the U.S. Department of Labour (DOL).
✔ Small startups must demonstrate that they have the financial means to pay an H-1B salary.
📌 Solution for Startups: Demonstrate the availability of funds from venture capital, bank statements or commitments from investors.
Step-by-Step Process to Apply for an H-1B Visa as an Entrepreneur
First, start a legitimate U.S. entity to sponsor your H-1B. Obtain a speciality occupation position at your organisation, compile supporting documentation, and submit your petition during the USCIS H-1B lottery period.
Step 1: Establish Your U.S. Business
✔ Incorporate your company as a C-Corporation, LLC or S-Corp in a U.S. state.
✔ Get an IRS EIN for tax!
✔ Establish a business bank account, receive financial support from investors, business partners, or obtain bank loans.
Step 2: Structure the Company to Prove an Employer-Employee Relationship
✔ Have a BOD or co-founders involved in hiring/firing oversight
✔ Draft legal contracts of employment stating your position, duties, and remuneration.
✔ Hire a COO, or other executive who should have operational oversight, to indicate that you aren’t the only one making decisions.
📌 Best Practice: A startup founder may be more likely to qualify with a strong investor-backed company.
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Step 3: File an H-1B Petition (Form I-129) Through Your Company
✔ Your company files an H-1B petition (Form I-129) with USCIS.
✔ Add company tax records, business contracts, funding proof, and payroll details.
✔ Pay the H-1B filing fees:
- Registration Fee: $215
- Filing Fee: $460
- Fraud Prevention Fee: $500
- Premium Processing (Optional): $2,500 (15-day approval)
Step 4: Attend an H-1B Visa Interview at a U.S. Consulate
✔ Schedule the interview at the U.S. consulate in your home country after H-1B approval.
✔ Present documents such as business documents, employment contract and passport.
✔ Once approved, you can get your H-1B visa stamped and enter the U.S. to start your business.
Alternative U.S. Visa Options for Entrepreneurs
If you are not approved for the H-1B visa, here are alternative visa options you may wish to consider:
1. O-1 Visa (For Extraordinary Entrepreneurs & Founders)
✔ Ideal for top-tier startup founders (publicly funded, media coverage, patents, awards)
✔ No need for employer sponsorship (self-petitioning works)
✔ Processing time is quicker compared to H-1B.
📌 Best for: Entrepreneurs in tech, biotech, and research-driven fields.
2. E-2 Investor Visa (For Entrepreneurs Investing in a U.S. Business)
✔ Make a significant investment in a U.S. company ($100,000+ recommended)
✔ The country must have an E-2 treaty agreement with the U.S. (India does not qualify).
✔ No max duration —E-2 can be renewed endlessly.
📌 Best for: Entrepreneurs from eligible E-2 countries (not India).
3. EB-5 Investor Green Card (For High-Investment Entrepreneurs)
✔ Invest at least $800,000+ into a U.S. business that creates ten jobs.
✔ Results in a Green Card (Permanent Residency).
📌 Best for: Entrepreneurs with available capital seeking direct U.S. residency.
4. L-1 Visa (For Entrepreneurs Expanding Their Foreign Business to the U.S.)
✔ If you own a company outside the U.S., you could transfer yourself to a U.S. office on an L-1 visa.
✔ No H-1B lottery required.
✔ Path to Green Card (EB-1C).
📌 Best for: Established entrepreneurs in their home country.
Challenges in Securing an H-1B Visa as an Entrepreneur
Foreign entrepreneurs can apply for an H-1B visa , although they face unique challenges that traditional H-1B employees do not.
1. Employer-Employee Relationship Requirement
🚫 Problem: USCIS does not permit self-sponsorship. Entrepreneur(s) needs to determine whether their startup is capable of hiring them or firing them.
✔ Solution:
- Hire a Board of Directors or founders/investors who exercise control over your employment.
- Your employment should be based on a written employment agreement specifying your job responsibilities, pay and supervision.
2. Speciality Occupation Requirement
🚫 Problem: Only skilled labour jobs (e.g., IT, finance, engineering) that require a specialised degree.
✔ Solution:
- Have a startup role that is in line with your educational background (software engineer for a tech startup, for example).
- Give job descriptions and proof that the same roles in the sector require a degree.
3. H-1B Lottery and Cap Limitations
🚫 Problem: There are only 85,000 H-1B visas available a year, and it’s very competitive.
✔ Solution:
- Apply directly through cap-exempt employers (universities, research institutions, or Non-profit hospitals)
- Consider using another type of visa, such as L-1 (business expansion), O-1 (extraordinary ability) or EB-5 (investor Green Card).
📌 Best Strategy: If your startup works with a university or non-profit research lab, you might be eligible for a cap-exempt H-1B visa, which means avoiding the lottery.
How to Increase Your Chances of H-1B Visa Approval as an Entrepreneur
Prove clear employer-employee relationships, submit speciality occupations, and submit good information about the business’s viability and control structures to prevent conflicts of interest.
1. Secure Strong Financial Backing for Your Startup
✔ Demonstrate your company has funding from VCs, angel investors, or government grants.
✔ Verify your business viability with bank statements, investor agreements and financial projections.
📌 Tip: If your startup has prestigious investors (e.g. Y Combinator, Sequoia Capital), then it increases the chances of your H-1B petition getting approved.
2. Build a Strong Case for a Speciality Occupation
✔ Produce industry reports and job listings that show that similar roles require a bachelor’s qualification.
✔ Supplement with letters from industry experts confirming your occupation as specialised.
📌 Example: If your startup is in AI technology, make sure to highlight that the position requires expertise in machine learning, data science and software engineering.
3. Use an Immigration Attorney to Strengthen Your Application
✔ A lawyer can help you:
- Set up your company’s board and employment policies properly.
- Prepare H-1B petitions that can survive USCIS scrutiny.
- Steer clear of issues that cause rejections.
📌 Tip: With proper and legal wizardry, a better-written petition is more likely to succeed.
H-1B Visa Processing Times & How to Expedite Approval
Regular H-1B processing is 3-6 months (with the option to pay for premium processing (15 calendar days) for faster decisions and follow-up when necessary.
H-1B Visa Timeline for Entrepreneurs
| Step | Timeframe |
| H-1B Employer Registration (March) | 1 Month |
| H-1B Visa Lottery Selection (April) | 1 Month |
| Petition Filing & Processing | 3-6 Months |
| USCIS Decision | 3-6 Months |
| Visa Interview & Stamping | 1-2 Months |
Ways to Expedite H-1B Approval
✔ Premium Processing ($2,500) – Your H-1B is processed by USCIS in 15 days, instead of months.
✔ Apply to Cap-Exempt Employers – Work with the university-affiliated employer and bypass the lottery.
✔ Ensure All Documents Are Complete – No RFEs (Request for Evidence) holding up processing.
📌 Tip: If you are picked in the H-1B lottery, you should opt for Premium Processing so that you can get the decision sooner.
Transitioning from H-1B to Green Card as a Business Owner
If you want to live in the U.S. permanently, you should be thinking about how to move from an H-1B to a Green Card early.
Best Green Card Options for Entrepreneurs
✔ EB-2 (National Interest Waiver – NIW)
- For entrepreneurs driving meaningful change in the U.S. economy.
- No company sponsorship needed.
✔ EB-5 (Investor Green Card)
- Investments of over $800,000 in a business in America
- Must create a minimum of 10 jobs for U.S. workers.
✔ EB-1 (Extraordinary Ability or Multinational Executive)
- For founders with awards, press, or recognition in their field
- Quicker processing than EB-2 and EB-3
📌 Best Strategy: If you have a high-growth startup and create jobs, apply for EB-2 NIW or EB-5 for a Green Card.
FAQs About H-1B Visa for Entrepreneurs
Q1: Can I get an H-1B visa if I own my company?
Ans:- Yes, but you have to establish an employer-employee relationship. You need a company with a board, investors or co-founders who can hire/fire you.
Q2: Can I self-petition for an H-1B visa?
Ans:- No, you cannot self-sponsor. The petition must be filed by your business on your behalf.
Q3: What if my H-1B petition is denied?
Ans:- Look for other visas such as O-1 (for extraordinary ability), E-2 (for investor), L-1 (for transferring business), or EB-5 (investment Green Card).
Q4: How can I avoid the H-1B lottery?
Ans:- Apply through a cap-exempt employer (a business affiliated with a university, research institution, or non-profit organisation).
Q5: Can I transition from an H-1B to a Green Card as an entrepreneur?
Ans:- Yes, via the EB-2 NIW, EB-5, or EB-1, depending on the contribution of your startup to the U.S. economy.
Conclusion
While the H-1B visa process for entrepreneurial applicants may be complicated, it is doable with the proper structure, strategy, and documentation. With awareness and initiative, you can bring your business vision to reality.
✔ H-1B is possible, but structuring your startup correctly is crucial (board of directors, funding, and employer-employee relationship).
✔ Look for alternative visas (O-1 for the proven ability, E-2 for investors, L-1 for the expansion of your business) if H-1B is difficult.
✔ Plan Long-term stay and residency by applying for a green card (EB-2 NIW, EB-5 or EB-1) to establish a business permanently in the United States