It’s Not Too Late to Self-Petition for an H-1B: A Guide for Entrepreneurs and Beneficiary-Owned Businesses

Posted on Feb 28, 2025 by Chris Prescott

Overview

As of January 17, 2025, a new rule allows H-1B beneficiaries to self-petition even if they have a controlling interest in the petitioning entity. This change is designed to facilitate access to H-1B visas for entrepreneurs and beneficiary-owned businesses, providing them with the opportunity to contribute to the U.S. economy through innovation and job creation. However, to ensure program integrity and compliance, specific conditions and documentation requirements must be met.

Duration

The initial duration of an H-1B visa is typically up to three years, with the possibility of extensions. However, for beneficiaries with a controlling interest in the petitioning entity, the initial approval and the first extension may be limited to 18 months. Subsequent extensions can be granted for up to three years, provided all eligibility criteria are met.

Suggested documents
  1. Business Entity and Ownership
    • Formation/Management and Ownership documents demonstrating the beneficiary’s ownership percentage or voting rights.
    • Copy of the Company’s IRS Notice.
    • Tax returns for the past 2-3 years, if applicable.
    • Organizational chart showing the beneficiary’s position and employees managed.
    • Comprehensive business plan outlining goals, operations, and financial projections.
    • Business brochures and promotional materials.
    • Evidence of assets and/or purchase of equipment.
    • Evidence of company bank account.
    • Business lease agreement and photographs of office space.
    • Employee handbook.
    • For home offices, additional documents such as a detailed narrative of operations, future plans for a commercial lease, workspace photographs, and a home business permit may be required.
  2. “Specialty Occupation” Evidence
    • Detailed job description demonstrating that the beneficiary owner will spend most of the time on “specialty occupation” duties requiring at least a bachelor’s degree.
    • Copy of the beneficiary’s resume.
    • Copies of educational credentials, including degrees, transcripts, experience letters, and certificates.
    • Education evaluation if the beneficiary holds a foreign degree.
  3. Maintenance of Status
    • Copy of I-94, passport, and U.S. visas.
    • Copies of USCIS approval notices.
    • For F-1 students, all I-20s and EAD cards.
    • Copies of paystubs and W-2 for the most recent year.
  4. Work Availability
    • Client contracts outlining the scope of work, duration, and terms of service.
    • Letters of intent from prospective clients.
    • Documentation of internal projects requiring the beneficiary’s specialized skills.
    • Evidence of funding, such as bank statements or lines of credit.
    • Proof of grants or financial awards from government or private entities.

Visa Application Process

Conclusion

The new rule allowing self-petitioning for H-1B visas by beneficiary-owned businesses opens up significant opportunities for entrepreneurs. By meeting the documentation requirements and understanding the conditions of the visa, entrepreneurs can leverage this pathway to establish and grow their businesses in the U.S.

The H-1B registration window runs from March 7-24, 2025.

If you are interested in self-petitioning, please contact PLG Partner Chris Prescott at cprescott@patellegal.com.