Last Updated On: September 29, 2025
Former President Donald Trump has introduced a $100,000 filing fee for new H-1B petitions, shaking up the landscape for employers and foreign professionals alike. While certain exemptions may apply, this policy marks one of the most significant changes to U.S. employment-based immigration in years. At Green Card Link, our experienced immigration attorneys explain what this means, who may be affected, and how to plan your next steps strategically.
Can You “Self-Petition” for an H-1B Visa?
You cannot technically self-petition for an H-1B visa. U.S. law requires that a valid employer file the petition on behalf of the foreign worker. However, entrepreneurs can still qualify through a creative but legitimate structure — by having their own U.S. company sponsor them as an employee.
In this setup, you are both the owner and the employee. To qualify, you must:
- Form a separate legal entity in the United States, such as an LLC or C-Corporation.
- Create a bona fide employment relationship between you (the beneficiary) and your company (the petitioner).
- Establish a specialty occupation that aligns with your academic background and expertise.
- Demonstrate financial capability to pay the prevailing wage required by the Department of Labor.
At Green Card Link, its immigration attorneys guide entrepreneurs step-by-step through this process to ensure the petition meets all regulatory standards.
H-1B Visa for Start-Up Founders and Entrepreneurs
The H-1B visa can be a powerful gateway for start-up founders and business owners who wish to live and work in the United States. Although the process is complex, it’s absolutely achievable with the right preparation and documentation.
To qualify, founders must show that their business is a legitimate employer and that their position meets the requirements of a specialty occupation. This can be proven through:
- A formal employment contract detailing your job role and salary.
- Corporate bylaws and governance documents that establish your company’s independence and authority to hire.
- A Labor Condition Application (LCA) certified by the Department of Labor.
- Financial statements or funding evidence proving the company can pay the prevailing wage.
Examples: When the Structure Matters
Example 1: Sole Proprietorship – Not Eligible
If an entrepreneur operates as a sole proprietor, there is no legal separation between the owner and the business. Because of this, there is no distinct “employer” to file the petition. For instance, a freelance web designer working as a sole proprietor cannot file an H-1B on their own behalf — such a petition would be denied.
Example 2: Corporation with a Board – Eligible
Consider a founder who owns a corporation with a Board of Directors. The board can lawfully hire the founder as Director of U.S. Operations, supported by a formal employment contract and bylaws that define oversight authority. Since the corporation is a separate legal entity capable of hiring and firing, it can sponsor its owner-employee for an H-1B visa.
Building a Path to a Green Card
While the H-1B is an excellent way to enter and work in the U.S., entrepreneurs should also think long-term. Employment-based green cards under the PERM process are often difficult for business founders due to ownership conflicts. More flexible and founder-friendly options include:
- EB-1A (Extraordinary Ability) – for individuals with exceptional achievements in their field.
- EB-2 National Interest Waiver (NIW) – for professionals whose work benefits the U.S. economy, health, or technology sectors.
- EB-5 Investor Visa – for entrepreneurs who invest in and create jobs in the United States.
At Green Card Link, its immigration attorneys specialize in employment-based immigration for entrepreneurs, founders, and professionals. They help clients design long-term visa and green card strategies aligned with business goals and immigration compliance.
Stay Informed and Prepared
The newly announced $100,000 H-1B petition fee could have major implications for start-ups and employers sponsoring skilled foreign workers. Understanding the nuances — from exemptions to compliance strategies — is crucial.
For tailored guidance and the latest policy insights, contact Green Card Link today. Its immigration attorneys can help you navigate the evolving H-1B and green card landscape confidently and efficiently.
Step-by-Step Guide for Entrepreneurs Seeking the H-1B Visa
Step 1: Establish a U.S. Legal Entity
The first step for foreign entrepreneurs is to form a legally recognized U.S. company, such as a C-Corporation or Limited Liability Company (LLC). This entity serves as the foundation for your immigration and business strategy, allowing your company—not you personally—to sponsor your H-1B visa. At Green Card Link, its immigration attorneys can guide you in selecting the most appropriate business structure to meet both immigration and corporate compliance standards.
Step 2: Create a Legitimate Job Offer
Next, you must establish a bona fide employer-employee relationship between your company and yourself. This requires a detailed, signed employment agreement that clearly defines your:
- Job title
- Specific duties and responsibilities
- Salary and compensation package
- Terms and duration of employment
Supporting corporate governance documents—such as bylaws for corporations or an operating agreement for LLCs—should also outline the roles of the board of directors, investors, or management. These materials demonstrate that the company has the legal authority to hire, supervise, and, if necessary, terminate your employment, reinforcing that it operates as a legitimate employer.
Step 3: Secure Capital and Determine the Required Wage
Your company must maintain sufficient capital investment or operating funds to support your salary and ongoing business operations. Whether through personal investment, venture funding, or external financing, having the proper documentation of financial capability is essential.
You must also be paid the prevailing wage applicable to your occupation and geographic location, as defined by the U.S. Department of Labor (DOL). You can determine this rate using the DOL’s online wage library. The immigration attorneys at Green Card Link can help ensure that your compensation structure meets federal requirements and aligns with your visa application.
Step 4: File the H-1B Petition
Once your company is established and financially ready, the next step is to enter the H-1B electronic registration lottery, typically held each March or April.
If selected, your company will file a Labor Condition Application (LCA) with the DOL, confirming that it will pay you the prevailing wage and uphold all required working conditions.
After the LCA is approved, the company submits Form I-129 (Petition for a Nonimmigrant Worker) to U.S. Citizenship and Immigration Services (USCIS). This submission must include your employment agreement, corporate records, proof of funding, and all supporting documentation prepared in earlier steps.
Pathways to Permanent Residency for H-1B Entrepreneurs
Entrepreneurs on an H-1B visa who wish to transition to permanent residency (a Green Card) have several possible options. However, traditional PERM Labor Certification sponsorship can be challenging due to the applicant’s ownership stake in the sponsoring company. Fortunately, there are alternative self-sponsorship pathways that avoid this obstacle.
EB-1A – Extraordinary Ability Green Card
This category is reserved for individuals who have achieved national or international acclaim in their field. Founders who can demonstrate extraordinary ability—through evidence such as significant media recognition, industry awards, high salary, or major contributions to their profession—may qualify. The EB-1A route does not require a job offer or PERM certification, allowing you to self-petition directly with USCIS.
EB-2 National Interest Waiver (NIW)
The EB-2 NIW is often the most practical and advantageous option for startup founders. To qualify, you must show that:
- Your proposed work has substantial merit and national importance
- You are well-positioned to advance that work, and
- It would be in the national interest of the United States to waive the standard job offer and labor certification.
Founders who drive innovation, create jobs, or contribute to emerging U.S. industries such as technology, healthcare, and renewable energy often satisfy these requirements. The immigration attorneys at Green Card Link regularly assist entrepreneurs in preparing compelling NIW petitions that highlight both personal qualifications and national-level impact.
EB-5 Immigrant Investor Program
For those able to make a significant financial investment, the EB-5 visa offers another pathway to permanent residency. To qualify, the applicant must invest at least $800,000 in a Targeted Employment Area (TEA) or $1.05 million in another location, creating at least 10 full-time jobs for U.S. workers. Unlike other employment-based options, the EB-5 focuses on investment and job creation, rather than individual achievements.
Why Choose Green Card Link
When your immigration status and business future are at stake, every detail matters. At Green Card Link, its immigration attorneys specialize in helping entrepreneurs, investors, and startup founders successfully navigate the complexities of H-1B and employment-based Green Card petitions.
With in-depth knowledge of U.S. immigration law, business formation, and visa strategy, Green Card Link provides the personalized guidance you need to turn your entrepreneurial vision into a reality in the United States.
Start your immigration journey today with the experienced immigration attorneys at Green Card Link.