Green Card Pathways for Entrepreneurs: H-1B Controlling-Interest Rules, L-1/EB-1C, NIW, and EB-5

01

First, distinguish the two: neither H-1B nor L-1 is a green card

H-1B and L-1A are nonimmigrant work statuses and do not themselves confer permanent resident status. The community statement that “there are two ways to get a green card by starting a company (H1B and L1)” confuses work statuses with green card categories: the actual green card categories include EB-1/2/3/5, while H-1B/L-1 are merely possible transitional statuses.

02

H-1B: ownership exceeding 50% is now permitted, but time limits apply

The community advice written in 2020—“keep ownership at or below 50%, and management must be able to supervise or dismiss you”—reflects an older approach. USCIS’s current H-1B page states that if you have a controlling interest in the petitioning organization (ownership exceeding 50% or a majority of voting rights), approval of the initial petition and the first extension is each limited to a maximum of 18 months.

A controlling interest does not in itself mean automatic approval. Under 8 CFR 214.2(h), the petitioning organization must have a bona fide job offer for the beneficiary, and the position must meet the specialty occupation requirements. A beneficiary with a controlling interest may perform duties directly related to owning and managing the business, but must spend a majority of their time performing the specialty occupation duties described in the H-1B petition. If the petition is subject to the annual numerical cap, the applicable registration/selection requirements must also be followed; separate rules apply to cap-exempt cases. A subsequent green card still requires a separate EB category (for example, the company pursuing PERM + I-140 for you).

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L-1A and EB-1C Multinational Managers/Executives

L-1A is used to transfer managers or executives within affiliated enterprises. Establishing a new office requires evidence of premises, one continuous year of employment as a manager/executive within the preceding three years, and the ability to support a managerial position within one year. EB-1C is a green card category: the beneficiary must have been employed outside the United States for at least one year within the three years preceding the petition (or preceding the most recent lawful nonimmigrant entry), and a U.S. employer must file Form I-140.

EB-1C does not require prior L-1 status; L-1 is merely a common transition. The community summary that “working as a corporate executive for at least one year is enough” omits the time-window and employer-relationship requirements.

04

Pathways That Do Not Depend on an Employer: NIW and EB-1A

Under the EB-2 National Interest Waiver (NIW), individuals may self-petition by filing Form I-140 without an employer or labor certification, and an entrepreneurial project may be reviewed under the three-prong framework as the “proposed endeavor.” EB-1 extraordinary ability also permits self-petitioning. Approval depends on the evidence; this website does not assess the likelihood of success.

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EB-5 Immigrant Investor Program

EB-5 requires investment in a new commercial enterprise and the creation or preservation of 10 full-time jobs. It grants two-year conditional permanent resident status, with Form I-829 subsequently used to remove the conditions. For investment amounts, refer to USCIS’s category page current at the relevant time; this website does not supply those figures from memory.