Background
At Green Card Link, our immigration attorneys recently assisted a highly skilled professional on an H-1B visa who encountered an unexpected career challenge after being laid off from his position. With only 60 days left in his grace period to secure a new sponsoring employer, the situation demanded immediate and strategic action. Refusing to let this setback define his future, he reached out to Green Card Link for guidance and found a path forward.
Case Overview
Determined to continue his professional journey in the United States, the client established his own company in the construction sector. Taking on the role of Vice President of Operations and Business Development, he sought to use his U.S. education and industry experience to contribute meaningfully to the nation’s workforce and economy.
In January 2025, the U.S. Citizenship and Immigration Services (USCIS) released updated policy guidance that allows certain H-1B visa holders to self-petition through their own companies—provided they can prove a legitimate employer-employee relationship under 8 C.F.R. § 214.2(h)(4)(ii).
This landmark update created new opportunities for entrepreneurs to obtain H-1B sponsorship without being dependent on a third-party employer. However, self-petitioners must still satisfy all standard H-1B requirements, including:
- The offered role must qualify as a specialty occupation requiring at least a bachelor’s degree in a relevant field.
- The beneficiary must spend more than 50% of their time performing duties related to their specialty occupation.
- The employer (in this case, the beneficiary’s company) must retain control over the employment relationship, including authority to hire, supervise, evaluate, and if necessary, terminate the employee.
Verdict
Through meticulous preparation and strategic petition structuring, Green Card Link secured USCIS approval for the H-1B petition—without any Request for Evidence (RFE). This rare and highly favorable result marked a major success under the new USCIS policy. The client received the maximum 18-month approval period available for this type of filing, representing a significant milestone for both the client and the team at Green Card Link.
What Made This Case Unique
This was Green Card Link’s first successful H-1B self-petition case under the January 2025 USCIS guidance, setting a new precedent for entrepreneurial immigration success. Our immigration attorneys carefully demonstrated that a valid employer-employee relationship existed between the client and his company, despite his ownership stake. The team also ensured that the position met all specialty occupation criteria and that every aspect of the petition complied fully with the latest USCIS standards.
Why This Case Matters
This approval represents a groundbreaking opportunity for international professionals seeking greater autonomy in shaping their immigration journey. It empowers H-1B holders to transform side projects into primary business ventures and provides a viable path for skilled professionals who may lack access to traditional employer sponsorship. For entrepreneurs across the U.S., this case illustrates how strategic planning and expert legal representation can open new doors to stability and success.
Contact Green Card Link
If you are interested in pursuing an H-1B self-petition or exploring whether you qualify under the latest USCIS guidelines, contact Green Card Link today. You can also schedule a consultation with an experienced immigration attorney at Green Card Link for a personalized assessment of your eligibility and options.
