From F-1 OPT to H-1B and Green Card: A Path for Entrepreneurs
Author: Attorney Jian Joe Zhou (jzhou@hooyou.com)
In recent years, more international students in the U.S. have turned to entrepreneurship as a viable path to obtaining work visas and permanent residency. The process, while complex, has become more transparent with recent regulatory updates. This article will outline how an international student, starting on an F-1 visa, can successfully transition to an H-1B visa through entrepreneurship and eventually secure a green card via self-petitioned National Interest Waiver (NIW) or EB-1A.
New 2025 Regulations for Entrepreneurial H-1B Applicants
As of January 2025, the U.S. Citizenship and Immigration Services (USCIS) has issued new guidance clarifying that startup founders can apply for H-1B visas under their own companies. While previous policies lacked clear definitions regarding entrepreneurs sponsoring themselves, the updated rules provide a more structured framework. However, these new rules also impose stricter requirements on employer-employee relationships, ensuring that the startup entity has genuine operational independence from the founder.
Step 1: From F-1 Visa to OPT and STEM OPT
Most international students begin their journey in the U.S. on an F-1 visa while attending university. Upon graduation, they are eligible for Optional Practical Training (OPT), which allows them to work in the U.S. for up to 12 months.
For students in STEM (Science, Technology, Engineering, and Mathematics) fields, an additional 24-month STEM OPT extension is available, providing a total of 36 months of work authorization. During this period, a student can establish their startup and work for their own company, provided that the company is properly registered and meets federal employment regulations. Of course, the company should have viable business to offer a job qualifies under OPT- that the job is related to the major study area.
Step 2: Transitioning to an H-1B Visa via Entrepreneurship
Traditionally, the H-1B visa required an employer to petition on behalf of an employee. However, the updated 2025 rules now allow entrepreneurs to qualify, provided that:
The startup is a legally registered business entity in the U.S.
The founder-employee has an employment relationship with the company, meaning they are not the sole authority over hiring and firing decisions (e.g., by having a board of directors or co-founders with control over employment matters). The F-1 student can be board member as well.
The company has sufficient business to support a specialty occupation and demonstrate business viability.
The role is a specialty occupation requiring at least a bachelor’s degree in a relevant field. The guideline allows the H-1b beneficiary owner to perform some owner/founder related duties so long his or her main duties meet the specialty occupation.
To maximize the chances of an H-1B petition approval, entrepreneurs should structure their startups with independent governance, ensuring that they meet the employer-employee criteria outlined by USCIS.
Step 3: Securing a Green Card via EB-2 NIW or EB-1A
Once on an H-1B, an entrepreneur may explore pathways to permanent residency (green card) through one of two common options:
EB-2 National Interest Waiver (NIW)
The EB-2 NIW is ideal for entrepreneurs who can demonstrate that their work benefits the U.S. technology, science or economy in a significant way. Unlike the traditional EB-2, this category waives the requirement of a PERM labor certification and waives the employer sponsorship if the applicant can prove:
For startups, demonstrating funding, partnerships, innovation, or/and economic impact strengthens the NIW application.
EB-1A for Extraordinary Ability
The EB-1A green card is an option for entrepreneurs with a distinguished record of achievements in their field. This category has higher eligibility standards but offers a faster route to permanent residency. Applicants must provide evidence of extraordinary ability, such as:
Startup founders with possibility meeting three out of eight categories of EB-1A may consult attorney for this option.
Conclusion
With the new 2025 USCIS regulations, international students now have clearer guidelines on how to transition from F-1 to H-1B through entrepreneurship and ultimately obtain a green card. While the process requires strategic planning—ensuring compliance with employer-employee regulations and demonstrating business viability—it is now a well-defined path for ambitious entrepreneurs.
By leveraging OPT, structuring startups correctly, and pursuing NIW or EB-1A, foreign students can successfully navigate the U.S. immigration system while building impactful businesses.
Attorney Jian Joe Zhou is the managing partner of Zhang & Associates, P.C. With over two decades of experience in business immigration law,he has successfully handled thousands of immigration cases, including complex H-1B petitions across various industries andprofessional backgrounds.For more information, contact Attorney Jian Joe Zhou at jzhou@hooyou.com.
Founded in 1996, Zhang & Associates, P.C. offers legal services to clients worldwide in all aspects of U.S immigration law. We have successfully handled over ten thousand immigration cases.
At Zhang & Associates, P.C., our attorneys and supporting professionals are committed to providing high-quality immigration and non-immigration visa services. We specialize in NIW, EB-1, PERM, I-485 I-130, H-1B, O, L and J cases. In the past
over twenty years, we have successfully helped over ten thousand clients get green cards. If you plan to apply for a green card, please send your CV to Attorney Jerry Zhang (info@hooyou.com) for a free evaluation.
Zhang & Associates, P.C.
| Tel: | 1-800-230-7040, 713-771-8433 |
| Email: | info@hooyou.com |
| website: | http://www.hooyou.com |
(02/19/2025)