USCIS has introduced a modernization regulation effective January 2025 that allows H-1B visa beneficiaries to hold a majority ownership stake in their sponsoring businesses. This change marks a significant shift from previous policies that typically disqualified individuals with majority ownership from obtaining H-1B status due to the lack of an employer-employee relationship.
Key Details:
- Effective date: January 2025
- Majority ownership now permissible for H-1B visa holders
- Previously, majority owners were ineligible for H-1B status
- Entrepreneurs can now pursue business ownership while applying for H-1B
This regulatory update aims to foster entrepreneurship among immigrants, providing new opportunities despite ongoing challenges in the immigration landscape. However, it is essential for prospective applicants to note that those with majority ownership cannot file a PERM application through their own company. Alternatives for green card options include seeking sponsorship from another employer for a PERM application, or pursuing EB-1A, NIW, or EB-5 pathways.
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Source: Matthew Meltzer