If you own more than 50% of a U.S. business or control it through voting rights, your company may be able to sponsor you for H-1B status. This is possible under updated U.S. immigration rules that clarify how “beneficiary owners” can qualify. However, strict requirements still apply. This article explains how the process works, what types of work qualify, and what limitations you should expect.
Table of Contents
- 1. What Is a Beneficiary Owner?
- 2. Can Your Company Sponsor You?
- 3. What Jobs Qualify?
- 4. How Long Is the H-1B Valid?
- 5. Labor Condition Application Requirements
- 6. Where to Get Help
1. What Is a Beneficiary Owner?
A beneficiary owner is someone who owns more than 50% of a U.S. company or controls it through voting power. If that company files an H-1B petition on your behalf, you would be both the owner and the foreign worker being sponsored. This scenario is now addressed in the updated H-1B regulations published in December 2024.
2. Can Your Company Sponsor You?
Yes, a company you control may sponsor you for H-1B status if specific conditions are met:
- You must be coming to the U.S. temporarily to work in a specialty occupation.
- You must perform duties that primarily relate to your field of expertise, not just business ownership or management.
- You must work under an employment arrangement that allows the company to supervise and evaluate your performance, even if you own it.
The USCIS recognizes that entrepreneurs play a key role in job creation and innovation, and the new rules reflect that understanding. However, this is still a strict employment-based program, not a self-petition route.
3. What Jobs Qualify?
The position must meet the definition of a “specialty occupation.” This generally means it requires:
- A bachelor’s degree or higher in a specific field
- Application of specialized knowledge
Examples of qualifying roles include:
- Software Engineer
- Financial Analyst
- Mechanical Engineer
- Marketing Analyst (with specialized education)
- Data Scientist
You may still perform business ownership duties (such as management or fundraising), but the majority of your time must be spent on work related to your professional qualifications.
4. How Long Is the H-1B Valid?
If you are a beneficiary owner, your H-1B petition is approved under shorter validity periods compared to traditional employees. The limits are:
- Initial petition: Up to 18 months
- First extension: Up to 18 months
These limits were introduced to ensure regular review of these unique employment relationships. You can still apply for additional extensions if needed and if you continue to meet the eligibility requirements.
5. Labor Condition Application Requirements
Even though you own the company, your petition must comply with standard Department of Labor (DOL) rules for H-1B workers. This includes:
- Filing a Labor Condition Application (LCA)
- Paying the required prevailing wage for your role
- Attesting that employment conditions meet U.S. labor standards
There are no exemptions or shortcuts for owners. Your company must treat the H-1B job like any other qualifying U.S. position.
6. Where to Get Help
Applying for an H-1B visa through your own company involves complex legal and compliance issues. It is highly recommended to consult a licensed immigration attorney who understands:
- H-1B requirements for entrepreneurs
- Business ownership rules and employer-employee structures
- LCA and Department of Labor wage requirements
You can also refer to the official regulations published by USCIS and the Department of Labor:
The H-1B program remains a valuable option for foreign-born entrepreneurs who want to work in the U.S. through their own businesses. While recent rule changes have improved flexibility, it is essential to meet all regulatory requirements and maintain proper documentation throughout the process.
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