Indian startup entrepreneurs can now apply for H-1B visas through their own businesses according to new regulations. This gives them new opportunities to grow internationally, especially in the US. This move, recently introduced by the U.S. Citizenship and Immigration Services (USCIS), provides much-needed flexibility and autonomy for entrepreneurs looking to establish a business presence abroad.
What Has Changed in the H‑1B Sponsorship Policy?
Traditionally, H‑1B visas were reserved for skilled foreign workers employed by established U.S. companies. Sponsorship limitations and conflict-of-interest issues often disqualified founders and independent contractors. However, as long as the organisation is well structured and has procedures for independent review, the new USCIS guidance allows startup founders to sponsor themselves through their own U.S.-registered organisations.
Important prerequisites for eligibility include:
- A bona fide employer-employee relationship (e.g., a functioning board of directors)
- Proof of business viability and funding
- Clear job roles aligned with specialty occupation criteria
Why This Matters for Indian Entrepreneurs
India is the largest source of H‑1B talent and has over 180,000 recognized startups as of 2025. However, many Indian founders struggle to move or expand their businesses to the U.S. because of strict visa rules. This new provision helps by making it easier for Indian entrepreneurs to create and grow U.S.-based parts of their startups.
With funding and IPO activity picking up in Indian startups, access to global markets is more important than ever. Being in the U.S., where venture capital and talent are abundant, can give Indian founders a significant advantage.
A Win for Cross-Border Innovation
Experts believe this update will encourage cross-border entrepreneurship, particularly in sectors like software, healthcare technology, artificial intelligence, and financial technology. It also shows that startups are increasingly seen as important drivers of the global economy, not just as sources of jobs.
Indian founders should work with immigration lawyers and set up proper corporate governance before applying. A strong pitch deck, proof of funding, and a clear cap table can significantly increase the chances of getting approved.
