A new USCIS rule permits H-1B petitions for foreign nationals who have a controlling interest in the petitioning company. Known as “beneficiary-owners,” these individuals can now qualify for H-1B status if they meet standard eligibility requirements. However, the initial approval and first extension are limited to 18 months.

 

The rule clarifies that beneficiary-owners must establish an employer-employee relationship. The petitioning company must have the authority to hire, pay, supervise, and terminate the H-1B beneficiary. This update makes it easier for entrepreneurs to obtain H-1B status, provided they structure their business appropriately such that ultimate authority over their employment with the company lies with the board of directors or other individuals.  

 

While this change expands options for business owners, the 18-month approval period is shorter than the usual three years granted to other H-1B beneficiaries. After this period, standard extension requirements will apply, including proof of ongoing compliance with visa regulations.

 

Business owners considering this option should ensure their company meets USCIS requirements and prepare strong supporting documentation. Consulting an immigration attorney can help navigate the process and improve the chances of approval.

 

For assistance with H-1B petitions as a business owner, contact Agarwal Law Group at 703-348-1663 to schedule a consultation.