The pathway to the US H1B visa has become significantly easier in 2025 following a policy change that redefined the concept of ’employer’. Business owners and startup founders can now self-sponsor their visas without the need for a US-based ’employer’ to qualify for the program. There are however, several conditions to be met for eligibility — including financial capabilities, and having a specialty occupation and business plan.
The policy change was first unveiled at the end of December last year to include eligible business owners, founders, and sole proprietors for the first time. Applicants will however have to demonstrate the financial health of the company and its ability to support their employment with relevant documents. A clear business structure and a defined ’employer-employee relationship’ is required even if the applicant is the whole company.
According to details outlined on the US Citizenship and Immigration Services website, applicants must also have a specialised occupation beyond their obvious job role. Their position “must require the theoretical and practical application of a body of highly specialized knowledge”. Education requirements for activity in the country also include the attainment of a bachelor’s or higher degree — in that specific specialty — as a minimum for entry into the occupation in the United States.
How long will this visa remain valid?
“Three-year initial approval plus extensions for up to three additional years. Extensions beyond the six-year limit may be available for individuals who are in the process of obtaining lawful permanent resident status. Due to an annual statutory cap, there is typically a random selection process to determine which petitions are eligible to be filed for an initial H-1B period (unless exempt from the cap). H-1B extension petitions are not subject to the cap,” the USCIS website adds.
The change in policy is designed to attract global entrepreneurial talent and promote job creation while reducing the entry barriers for foreign-born founders.
“If more entrepreneurs are able to obtain H1-B status to develop their business enterprise, the US could benefit from the creation of jobs, new industries, and new opportunities,” reports had quoted the Department of Homeland Security as saying last year.