Background
Our client, a highly skilled professional on an H-1B visa, faced an unexpected challenge when he was terminated from his position. With just 60 days remaining in his grace period to find a new sponsoring employer, time was of the essence. But instead of giving up, he turned adversity into opportunity and reached out to us.
VisaNation Case Strategy
Ricardo was determined to stay in the U.S. and to continue pursuing his professional goals, so he founded his own company in construction. As the Vice President of Operations and Business Development, he hoped that his new company would allow him to leverage the expertise he had gained through his U.S. education and work experience.
In January 2025, USCIS issued updated guidance allowing H-1B beneficiaries to self-petition through their own companies. This would only be possible if a valid employer-employee relationship could be established under 8 C.F.R. § 214.2(h)(4)(ii).
This marked a major shift for entrepreneurs, opening the door to H-1B sponsorship without relying on a third-party employer. However, for the petition to be approved, it still needed to meet the standard H-1B requirements, including:
- The position must qualify as a specialty occupation requiring a bachelor’s degree or higher in a specific field.
- The beneficiary must spend over 50% of their time performing specialty occupation duties.
- The employer (in this case, the beneficiary’s company) must maintain the right to control the beneficiary’s employment, including the authority over hiring, directing, supervising, evaluating, and terminating their role.
Verdict
USCIS approved the H-1B petition without any Request for Evidence (RFE) in 4 months. This is an extremely rare outcome for this type of filing, especially under the new regulatory guidance. The client received the maximum 18-month approval period allowed for this type of petition, making a major milestone for both him and for team at VisaNation.
