Wildes & Weinberg is pleased to announce the approval of an H-1B for an Entrepreneur under the new H-1B modernization rules!
Recently, U.S. Citizenship and Immigration Services (USCIS) implemented new H-1B modernization rules that mark a significant shift in the program—most notably, allowing entrepreneurs with ownership interests in their petitioning companies to qualify for H-1B visas. This development opens the door for innovative business founders and startup leaders to establish themselves in the United States under the H-1B classification.
At Wildes & Weinberg, we recently had the privilege of representing an entrepreneur who was the sole member of his startup entity. Our firm successfully navigated the updated H-1B requirements by providing robust evidence of the client’s qualifying investment in the operating company. In addition, we addressed the nuanced challenge of demonstrating a valid employer-employee relationship—an essential element for H-1B approval in entrepreneurial scenarios.
It’s important to note that entrepreneurs must still be selected in the annual H-1B lottery to be eligible. However, the new regulations provide a clearer path for founders to petition through their own companies—something previously difficult under traditional USCIS interpretations.