Starting a business in the U.S. while maintaining lawful status can be challenging, but there are some options depending on your background. Certain visa categories allow self-petitioning or founder involvement, provided strict requirements are met. These cases often require demonstrating that the business is legitimate, operational, and able to support employment at a professional level. Immigration officers closely review ownership structure and control, so careful planning is essential. Working with an immigration attorney can help structure the business and immigration strategy correctly to avoid violations.

Entrepreneurs must be especially cautious because most employment-based visas assume a traditional employer-employee relationship. When you own or control the company, USCIS examines whether there is genuine oversight and separation of roles. Documentation such as business plans, financial projections, and corporate governance can be critical. While possible, these cases are complex and require long-term planning rather than quick solutions.