In a landmark move aimed at empowering global entrepreneurship, the United States has officially introduced a new policy in 2025 that allows foreign startup founders to self-sponsor their H-1B visas. This significant shift by the U.S. Citizenship and Immigration Services (USCIS) marks a major step forward in making the United States more accessible to international innovators and business builders.
A Break from the Old H-1B Process
Historically, the H-1B visa program required foreign professionals to be sponsored by a U.S.-based employer. For entrepreneurs, this meant having to set up complex third-party arrangements or rely on external companies to petition on their behalf. In many cases, this created a barrier for highly skilled founders who wanted to establish startups in the United States.
The traditional H-1B is valid for three years and renewable for another three, with possible extensions for those seeking permanent residency. However, navigating the annual H-1B lottery system and employer dependency made it extremely difficult for solo founders to gain legal status without institutional backing.
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What’s New in 2025?
The updated 2025 policy now allows startup founders and sole proprietors to directly apply for an H-1B visa without needing a separate U.S. employer. This change recognizes startup owners as both the business founder and the employee, provided a legitimate employer-employee relationship can be established.
This is a game-changer for entrepreneurs around the world, as it provides a clearer and more flexible path to launch and scale their ventures in the U.S., a country known for its thriving startup ecosystem.
Key Requirements for Self-Sponsorship
To qualify under the new rule, a startup founder must:
- Own a legally registered U.S. company
- Prove the business can pay the required H-1B wage
- Hold at least a bachelor’s degree in a relevant or specialized field
- Take up a specialty occupation role requiring advanced, field-specific knowledge
- Show evidence of a valid employer-employee relationship, usually by establishing an independent board of directors or advisory panel that has oversight over hiring, performance, and possible termination
Importantly, general business roles like “manager” or “administrator” won’t qualify. The founder must demonstrate that their role involves specialized skills directly linked to their academic or professional background, such as engineering, biotech, AI development, or financial analytics.
Application Flexibility: Lottery or Cap-Exempt
Startup founders can choose to:
- Enter the regular H-1B lottery, or
- Apply under cap-exempt categories, especially if their business partners with or is affiliated with nonprofit research institutions, universities, or other qualifying entities
This makes the visa process more accessible to early-stage innovators who may not be selected in the highly competitive annual cap.
Why This Matters
This policy update is a strategic effort by the U.S. government to attract and retain global talent, particularly in high-growth sectors like technology, biotech, fintech, and artificial intelligence. According to the Department of Homeland Security (DHS), the new rule aims to:
- Foster innovation
- Create high-quality jobs
- Strengthen America’s leadership in global entrepreneurship
By allowing founders to self-sponsor, the U.S. is removing a major immigration barrier that has long discouraged foreign entrepreneurs from setting up shop in the country.
Final Thoughts
For global startup founders, the 2025 self-sponsorship H-1B policy opens new doors. It reflects a more modern approach to immigration, one that values innovation, talent, and economic contribution over bureaucracy.
This move not only benefits foreign entrepreneurs seeking to build globally competitive companies in the U.S. but also contributes to long-term American economic growth through job creation, investment, and technological advancements.
Entrepreneurs around the world now have a stronger reason to bring their visions to life in the United States on their terms.
