I am a mechanical engineer currently working as an MEP design engineer, and I hold a professional engineer (PE) license in North Carolina. I am on an H-1B visa with an approved I-140.
With the recent rule changes, I wanted to understand whether I can open my own MEP design firm while on H-1B status without maintaining an employer-employee relationship. Additionally, would I be allowed to start the company while maintaining my current full-time job and transition to running the firm full-time once I build up a client base?
Yes, you can incorporate a company while on an H-1B with another employer, but you cannot actively conduct business for your own company without violating your H-1B status. To operate your own company while on H-1B, you would need to transfer your H-1B to your own company or obtain a concurrent H-1B for your company, which requires demonstrating an employer-employee relationship and meeting salary requirements. There are practical difficulties with this, including funding your own salary.