---
title: H-1B Visas for Entrepreneurs-A New Take on the Traditional H1-B Visa | Pollak PLLC
description: See how H-1B prevailing wages are set, how the four wage levels work, and what recent rule proposals mean for employers planning salaries and filings.
image: https://www.pollakimmigration.com/hubfs/prevailing%20wages%20for%20h1b.jpg
---

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# H-1B Visas for Entrepreneurs-A New Take on the Traditional H1-B Visa

![prevailing wages for h1b](https://www.pollakimmigration.com/hubfs/prevailing%20wages%20for%20h1b.jpg)

Posted by [ Pollak PLLC ](https://www.pollakimmigration.com/blog/author/pollak-pllc)

 December 2, 2025

Are you a laid off H-1B worker looking for other options? Have you ever dreamed of owning your own Company in the U.S.? If yes, to either, keep reading. 

Many are surprised to learn that the [H-1B visa ](https://www.pollakimmigration.com/h1b-visa) can work for entrepreneurs, even those who own more than 50% of the business and/or have majority voting rights of the company. But success depends on how well the petition is structured. 

Key ingredients of a strong “Beneficiary Owner” H-1B: 

- Real governance: A fully formed C Corp with a tax ID and a board with authority to hire/fire the Beneficiary Owner. 

- Specialty occupation role: Technical, analytical, or otherwise highly specialized duties must be performed the majority of the time, even with a C-Suite title. 

- Financial viability: Evidence the startup can pay the required wage such as VC funding, revenue, MSA’s/statements of work, or credible financial projections. 

- Clear need for expertise: Product roadmaps, tech plans, patents, or data demonstrating why the Beneficiary Owner is essential to the business. 

For early-stage companies, this visa can be a powerful bridge: 3 years of stability (18 months for initial filing and one 18-month extension ***additional extension may apply*), and flexibility as the company scales. 

Things to also consider: 

- Beneficiary Owners are subject to the H-1B lottery unless the business is cap exempt or affiliated with a cap exempt organization. 

- Beneficiary Owners must be paid the local prevailing wage for startup founders (typically high) as determined by the DOL for executive roles. 

- Can be used for “concurrent” employment, which allows Beneficiary Owners to have a regular job while also engaging in entrepreneurial activities. 

- C Corp must have been formed within the past 5 years. 

- An additional extension *can* be granted after the second 18-month period in three-year increments for a maximum of 6 years unless eligible for an extension beyond the 6-year limit like other H-1B workers. 
- Cannot pursue the PERM route for a green card, but other Green Card options may apply such as an NIW or EB-1A. 

 

If you’re a founder exploring U.S. immigration options, or a recently laid off H-1B worker looking to make a fresh start, the H-1B Beneficiary Owner option might be more accessible than you think. 

If you want support in creative strategies that accounts for a recent lay-off, you can contact Pollak PLLC to [schedule a consultation](https://www.pollakimmigration.com/contact-us) and review your options.

Tags:

- [Visas](https://www.pollakimmigration.com/blog/topic/visas)
- [Employment-Based Immigration](https://www.pollakimmigration.com/blog/topic/employment-based-immigration)

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## Related Posts

<https://www.pollakimmigration.com/blog/new-proposed-h1b-prevailing-wage-increases>

![Proposed Increases to H-1B Prevailing Wages: Timeframes, Levels, and What To Do Next](https://www.pollakimmigration.com/hubfs/prevailing%20wages%20for%20h1b.jpg)

December 1, 2025

### Proposed Increases to H-1B Prevailing Wages: Timeframes, Levels, and What To Do Next

 For H-1B employers and workers, prevailing wage is the minimum required wage for a role in a specific location based on government wage data. It is usually tied to Occupational Emp...

[ Read More 

](https://www.pollakimmigration.com/blog/new-proposed-h1b-prevailing-wage-increases)

<https://www.pollakimmigration.com/blog/differences-between-the-h1b-visa-and-h2b-visa>

![The Differences Between the H-1B Visa and H-2B Visa](https://www.pollakimmigration.com/hubfs/The%20Differences%20Between%20the%20H-1B%20Visa%20and%20H-2B%20Visa.jpg)

October 10, 2017

### The Differences Between the H-1B Visa and H-2B Visa

 For individuals hoping to work in the United States, understanding the difference between employment-based visa categories is essential. Employers, too, must carefully determine wh...

[ Read More 

](https://www.pollakimmigration.com/blog/differences-between-the-h1b-visa-and-h2b-visa)

<https://www.pollakimmigration.com/blog/trump-on-h1b-the-100k-fee-and-other-updates-on-the-program>

![Trump on H-1B | Trump's $100,000 H-1B Fee: What It Means for U.S. Employers and Foreign Talent](https://www.pollakimmigration.com/hubfs/trump%20on%20h1b.jpg)

November 12, 2025

### Trump on H-1B | Trump's $100,000 H-1B Fee: What It Means for U.S. Employers and Foreign Talent

 On Sept. 19, 2025, President Trump signed a Presidential Proclamation requiring a $100,000 payment for certain new H-1B cases, effective Sept. 21, 2025. The H-1B program has long s...

[ Read More 

](https://www.pollakimmigration.com/blog/trump-on-h1b-the-100k-fee-and-other-updates-on-the-program)

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