H-1B Visa Business Plans

H-1B is a temporary employment classification for eligible workers performing services in a specialty occupation. The petitioning U.S. employer must establish a bona fide specialty-occupation position, a qualifying relationship between the position’s duties and a required field of study, the beneficiary’s qualifications, and compliance with Department of Labor wage and labor-condition requirements. Approval is position-, employer-, location-, and fact-specific.

A specialty occupation requires the theoretical and practical application of highly specialized knowledge and at least a bachelor’s degree or higher in a directly related specific specialty, or its equivalent, as the normal minimum for entry into the position. A range of qualifying degree fields may be acceptable where each field is directly related to the job duties. A generalized degree requirement without a direct relationship to the position may be insufficient.

Yes. A startup may sponsor an H-1B worker if it is a qualifying U.S. employer and can establish a bona fide specialty-occupation position, actual work, the ability to pay the required wage, and compliance with the labor condition application and petition terms. A recently formed business may need detailed evidence of funding, contracts, customers, operations, premises or remote-work arrangements, organizational structure, and the position’s expected assignments.

Current rules recognize that a petitioning entity may sponsor a beneficiary who has an ownership interest, including a controlling interest. The company must remain a separate legal entity and satisfy every H-1B requirement. A controlling beneficiary-owner may perform duties directly related to owning and directing the business, but must perform the approved specialty-occupation duties a majority of the time.

A controlling interest generally means owning more than 50% of the petitioner or holding majority voting rights. Under the rules effective January 17, 2025, the initial petition and first extension for a controlling beneficiary-owner are each generally limited to up to 18 months. Later qualifying extensions may be approved for longer periods. Specialty-occupation duties must remain the majority of the beneficiary’s work.

A business plan can help document that the petitioner is an operating or credibly developing business with real specialty-occupation work available during the requested period. It can organize the company’s products, services, funding, contracts, market, operating milestones, organizational structure, beneficiary assignments, hiring, and financial projections. It does not replace the certified labor condition application, employment agreement, work orders, contracts, payroll evidence, or other required petition documentation.

The plan should explain the petitioner’s ownership, business model, products or services, customers, market, funding, operational progress, revenue strategy, contracts, organizational structure, staffing, work locations, and financial outlook. It should describe the offered position and anticipated projects in enough detail to show why the duties require specialized knowledge and how qualifying work will remain available throughout the requested validity period.

No single business plan can establish eligibility by itself. The petition must show that the position meets the regulatory specialty-occupation definition and that the beneficiary is qualified. The plan can provide useful commercial and operational context, but it should be supported by detailed duties, degree requirements, organizational evidence, contracts, work products, expert evidence where appropriate, and other documentation selected by counsel.

Congress generally limits new cap-subject H-1B classifications to 65,000 per fiscal year, with an additional exemption of up to 20,000 for eligible beneficiaries holding qualifying U.S. advanced degrees. Certain institutions of higher education, affiliated or related nonprofit entities, nonprofit research organizations, governmental research organizations, and some qualifying employment arrangements may be cap-exempt. Cap exemption requires a separate legal analysis.

Cap-subject employers generally submit an electronic registration during the announced USCIS period. Under the current 2026 rules, when selection is necessary, registrations for unique beneficiaries are weighted according to the highest applicable Occupational Employment and Wage Statistics wage level supported by the offered wage, occupation, and work location. Higher wage levels receive greater selection weight, although qualifying registrations at all wage levels may still be selected. Current season instructions must be followed exactly.

Before filing most H-1B petitions, the employer must obtain a certified Labor Condition Application, or LCA, from the Department of Labor. The employer makes required attestations concerning wages, working conditions, notice, and related obligations. The offered wage must comply with the applicable required-wage rules. A business plan is separate from the LCA and cannot replace labor-condition compliance.

Evidence depends on the company and may include bank balances, investment funding, revenue, tax records, payroll, financial statements, contracts, grants, capitalization records, and credible forecasts. Projected future revenue alone may not be sufficient. The petition should consistently show how the company will meet the required wage obligation from the requested start date while funding its other operating costs.

H-1B petitions are commonly approved for up to three years, with a general six-year maximum, although the approved period may be shorter and certain exceptions can allow time beyond six years. Controlling beneficiary-owner petitions have special 18-month limitations for the initial approval and first extension. The certified LCA, passport validity, project duration, prior H-1B time, and other factors can affect the period granted.

A qualifying spouse and unmarried children under 21 may generally seek H-4 status. H-4 status does not automatically authorize employment. Certain H-4 spouses may apply for employment authorization when the principal H-1B worker meets specified employment-based immigrant petition or AC21-related conditions. H-4 children are not employment authorized merely because of H-4 status.

Yes. We can prepare the business-plan component around the company’s operations, market, funding, projects, organizational structure, specialty-occupation work, staffing, and financial capacity. Immigration counsel remains responsible for legal eligibility, the LCA, cap or cap-exemption analysis, wage requirements, forms, supporting evidence, and petition filing.

Our H-1B visa business plans start at $1,200 USD. Plans are typically 35–45 pages and generally completed within 7 business days after all required company, position, project, market, staffing, funding, and financial information is received. Unlimited revisions are included for factual updates, attorney feedback, petition consistency, and final refinement.