Startup founders often face unique challenges when pursuing H-1B classification, particularly when they will own and operate the business sponsoring their petition. We are pleased to share the successful approval of an H-1B change of status petition for a startup founder who was selected in the FY 2027 H-1B lottery after entering in March 2026. The petition was approved without a Request for Evidence (RFE), allowing the beneficiary to move forward with plans to launch a professional counseling psychology practice in the United States.
This case relied on the owner-operator provisions recognized under the 2025 H-1B Modernization Rule. The beneficiary established a professional corporation through which counseling psychology services will be provided and demonstrated that the position qualifies as a specialty occupation. Careful planning and documentation were essential to show eligibility under the updated framework, including the nature of the professional services, the business structure, and the beneficiary’s role within the company. The approval enables the founder to begin providing professional services through the new practice starting October 1, 2026.
