When Immigration Matters Blog | Pollak PLLC

H-1B Visas for Entrepreneurs-A New Take on the Traditional H1-B Visa | Pollak PLLC

Written by Pollak PLLC | Dec 2, 2025 1:55:36 AM

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  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 and review your options.