In The H-1B Visa: Navigating the January 17, 2025 Final Rule and Its Impact on Entrepreneurs and Employers, published in the Michigan Bar Journal (May 2025), attorney Alyssa Hussein breaks down the latest H-1B regulations effective January 17, 2025 and what they mean for employers and founders.

The Proposed Endeavor in a National Interest Waiver (NIW) petition, the forward-looking project or work plan, must demonstrate substantial merit and national importance to qualify for an EB-2 NIW green card. Crafting a clear, well-supported proposed endeavor that shows how your future work benefits the United States is essential to a successful NIW application and often requires strategic narrative and strong evidence to persuade USCIS.

Options for applicants who aren’t picked in the annual H-1B visa lottery — from exploring cap-exempt H-1B opportunities with qualifying employers, to pursuing alternative visas like the O-1 extraordinary ability or L-1 intracompany transfer, or considering further study or early green card strategies — helping individuals stay on track in their U.S. immigration journey even after a lottery setback.

Foreign entrepreneurs and startup founders can use the H‑1B visa to legally work and build their business in the United States. Key eligibility requirements include demonstrating specialized skills, a legitimate employer‑employee relationship, and prevailing wage compliance. Founders with majority equity can be petitioned by their own company and navigate evolving H‑1B rules for startups.

“Ask Away! FAQs Asked & Answered” (Feb. 1, 2024) provides a collection of frequently asked U.S. immigration questions and expert responses from attorney Alyssa Hussein, covering key topics such as visa eligibility, application strategies, and compliance considerations for employment‑based immigration, helping readers understand complex areas like H‑1B, NIW, and other pathways with clear explanations tailored to common client concerns.

Foreign professionals with extraordinary ability can pursue the O‑1 visa to live and work in the United States by demonstrating sustained national or international acclaim and recognition in their field. Key eligibility criteria include evidence of major awards, high‑level achievements, or a strong portfolio of published work, expert testimonials, and documented impact, making the O‑1 a strategic alternative for individuals whose accomplishments distinguish them at the top of their profession.