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.
Case
Ricardo was determined to stay in the U.S. and to continue pursuing his professional goals, so he founded his own company around 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). This is honestly a very rare outcome for this type of filing, especially under 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.
What is unique about this case?
This was VisaNation’s first self-petitioned H-1B case under the updated USCIS guidance, and it was a complete success. The company is a separate entity from the beneficiary and that is how USCIS processes these cases. Our team worked hard to demonstrate a clear employer-employee relationship despite the client being the owner of the company, proving that the role met all specialty occupation criteria, and we structured the petition in full compliance with the January 2025 USCIS policy update.
Why does this case matter?
This approval could be a game-changer for international entrepreneurs seeking more control over their immigration journey. It helps pave the way for H-1B holders who want to build side projects into primary ventures, and skilled individuals without traditional employer sponsorship options.
Contact Us
If you are interested in a self-petition H-1B visa, reach out to our office to check out your eligibility.
You can also speak to one of our attorneys for a more personalized assessment of your case.