Key Takeaways
• Self-sponsorship for H-1B is allowed for business owners under 2025 rules with strict oversight requirements.
• Initial approval and extension for majority owners’ H-1B self-sponsorship limited to 18 months each.
• You must prove employer-employee relationship via independent board or committee overseeing your employment, not just on paper.
If you are a business owner in the United States 🇺🇸 and want to have your own company sponsor you for an H-1B position, you may be wondering if this is possible and what rules you need to follow. This comprehensive guide explains in simple language how self-sponsorship for an H-1B visa works, the key steps, important new rules for 2025, and the challenges you should understand before going forward. You will also find helpful tips on building a strong case, meeting the specialty occupation requirement, and keeping your company and self in good standing with immigration authorities.
Most Popular Questions
Can I have my own business sponsor me for an H-1B position?
Yes. As of 2025, United States 🇺🇸 immigration rules allow you to have your own business sponsor you for an H-1B position. This is called self-sponsorship. It means even if you own 100% of the business or have a controlling interest, you can still create a job for yourself and apply for the H-1B visa—if you follow all the requirements. These rules are meant to help entrepreneurs but also include strict steps to prevent abuse.
Important: Self-sponsorship is not the same as starting a sole proprietorship. You must create a real company structure with clear lines between yourself as the owner and as the employee.
What is a specialty occupation, and why does it matter for self-sponsorship?
A specialty occupation is a job that needs at least a bachelor’s degree or the equivalent in a specific field — like engineering, business, IT, or medical jobs. The law requires every H-1B position, including those for self-sponsored cases, to match this definition. You must show that the job duties really need your level of training and education.
Example:
If you create a job as “Chief Technology Officer” in your tech startup, you need to show that this position truly requires a computer science degree or something similar, not just general business skills.
The U.S. Citizenship and Immigration Services (USCIS) provides details about what is considered a specialty occupation. You can read more by checking the official USCIS H-1B Specialty Occupations page.
Is self-sponsorship new for H-1B visas?
The idea of self-sponsoring an H-1B position has existed for a while but was not always clearly allowed or defined. New rules in 2025 make it clear that self-sponsorship is now possible—even for 100% owners—if you meet certain requirements. These changes are designed to support entrepreneurs while ensuring fair oversight and proper use of the H-1B program.
Requirements for Self-Sponsored H-1B Petitions
What are the main steps if I want my company to sponsor me?
To have your own business sponsor you for an H-1B position, follow these key steps:
- Form the Company: Establish your company as a Limited Liability Company (LLC) or a C-corporation. Sole proprietorships do not qualify because they do not separate the owner from the employee.
- Get an Employer Identification Number (EIN): This is needed for payroll and tax purposes.
- Set Up Payroll: Show you can pay yourself as a real employee.
- Write a Clear Business Plan: Outline what your company does, its goals, and how your role fits the specialty occupation.
- Create Formal Governance: Have a board of directors or a supervisory committee—even just two or three people can show oversight over you. Document this with bylaws and meeting minutes.
- Add Other Employees if Possible: Having more employees can strengthen your case that the company is real and not just set up for your visa.
- Prepare a Solid Job Offer: Write an employment contract showing your duties, hours, and salary.
- Make an Organizational Chart: Show how you, as the employee, report to others—not just yourself.
What documents will I need?
You should collect and organize:
– Incorporation documents for the LLC or C-corporation
– Bylaws and board meeting minutes
– Detailed business plan
– Employment contract with job description and salary
– Organizational chart
– Proof of financial stability (like bank statements and tax returns)
– Payroll records
– Records of other employees (if applicable)
Having these ready will help show USCIS that your business is more than just a “paper company.”
How do I prove the employer-employee relationship if I am the owner?
USCIS wants to see that—even though you are the owner—there is real oversight. You must:
– Show that someone other than yourself (like a board or committee) has the power to hire, fire, supervise, or review your work as an employee.
– Document this structure in the company’s rules and meeting records.
– Stick to this system in practice—not just on paper.
Note: If you do not have a true employer-employee structure, your application may be denied.
H-1B Process Overview for Business Owners
What official steps are involved in the H-1B process?
1. Incorporate and Set Up Your Business
Make sure you have a valid LLC or C-corp and that the company is active. Get your EIN and payroll system ready.
2. Prepare Key Documents
Gather all business, job, and governance documents mentioned above.
3. File for a Labor Condition Application (LCA)
Submit the LCA to the Department of Labor. Here, you promise to pay at least the “prevailing wage” (average wage for similar jobs in the area) and follow U.S. labor laws.
4. Petition with Form I-129
Once the LCA is approved, submit Form I-129 (Petition for a Nonimmigrant Worker) and attach all your evidence—showing employer oversight, business health, job duties matching the specialty occupation, and your credentials.
5. Await USCIS Decision
USCIS will review everything and may visit your business location or ask for more evidence. Be ready for more questions than regular company petitions.
To see the official process, review Form I-129 on USCIS.gov.
Limits, Validity, and Timing
Are there any special limits or rules for self-sponsored H-1B cases?
Yes. Important differences apply if you own over 50% of the company that is sponsoring you:
- Shorter Validity: While most H-1B petitions are valid for up to 3 years, your first H-1B approval and the first extension can only last up to 18 months each.
- Extra Scrutiny: Immigration officials look more closely at self-sponsorship cases. You must be very careful in how you show compliance and provide evidence of a real employer-employee relationship.
Financial and Compliance Matters
How much do I need to pay myself, and what proof is needed?
You must pay yourself at least the prevailing wage for your job and region. This wage is set by the Department of Labor to protect both U.S. and foreign workers. You can’t just pay in stock or bonuses—the base salary must be paid in cash and documented on payroll.
Proof needed:
– Pay stubs
– Payroll records
– Bank statements
– Tax returns
This documentation shows that your company is not just on paper, but paying real wages as required for the specialty occupation. If you fail to pay the right wage, your visa can be revoked and the company may face penalties.
How can I show my company is able to pay and operate?
USCIS may review your:
– Business bank statements
– Signed client contracts or sales receipts
– SEC or state business filings
– Lease agreements for office space
– Financial statements from your accountant
Keeping your financial house in order is key to renewing your H-1B position through your own business.
Challenges and Pitfalls
What practical problems do people face with self-sponsorship?
- Oversight is hard to prove: Many owners have trouble showing that a board or committee really controls or reviews their work.
- Cost: Legal and accounting fees can be high due to the extra steps and documents needed.
- Risk of Denial: If USCIS thinks you have too much power or your company is not active and real, your petition may be denied.
- Time: The process takes time and often needs lawyers to double-check compliance.
Warning: Do not cut corners or invent oversight boards just for paperwork. Fake documentation can lead to permanent denial of both the H-1B and other future visa options.
Are site visits or audits common?
Yes. USCIS sometimes sends officers to visit your business to check that you are really working there as you stated, being paid a real wage, and that the company is doing real work. If they find problems, your petition can be denied or revoked. Always be honest in your documents and answers.
Busting Common Myths
Myth: “If I own the company, it’s easy to get an H-1B.”
Fact: It is not easier. In fact, it can be harder. You must go further to prove the job is real and meets all rules.
Myth: “I can do this as a sole proprietor.”
Fact: Sole proprietorships do not work for H-1B self-sponsorship, because there is no legal way to separate owner and employee roles under immigration law.
Myth: “I can pay myself in stock, not salary.”
Fact: You must pay yourself a cash wage at or above the Department of Labor’s minimum for your H-1B position and location.
Summary and Next Steps
Self-sponsorship for an H-1B position is possible, even if you own all or most of your company—but only if you set up proper company structure, real oversight, and follow all wage and documentation rules. The position you offer yourself must be a specialty occupation, your company must be able to pay you at least the required wage, and all documents must show a true employer-employee relationship with oversight.
As reported by VisaVerge.com, these changes support entrepreneurs under the new 2025 rules but also bring extra checks to make sure no one cheats the system by setting up “paper companies.”
If you plan to pursue self-sponsorship:
– Start by forming a proper LLC or C-corp.
– Set up a board or governance group to oversee your role as an employee.
– Prepare for detailed paperwork and possible site visits.
– Pay yourself at or above the minimum wage set by the Department of Labor.
– Regularly review changes on official websites. For government guidance, visit the USCIS H-1B Specialty Occupations page.
If you have more questions, consult a licensed immigration attorney with experience in H-1B business self-sponsorship. The process is possible, but success depends on planning, honest structure, and meeting all legal requirements.
For more in-depth help, you can also check updated rules and forms on the official USCIS website.
Learn Today
Self-Sponsorship → When a business owner arranges for their own company to sponsor them for an H-1B visa, following legal requirements.
Specialty Occupation → A job that legally requires at least a bachelor’s degree or equivalent in a specific field, such as engineering or computer science.
Prevailing Wage → The minimum salary set by the Department of Labor that must be paid for a specific H-1B role in a location.
Employer-Employee Relationship → A structure where someone, usually a board or committee, can hire, supervise, or fire the H-1B employee—even if the owner.
Labor Condition Application (LCA) → A document filed with the Department of Labor, promising to pay the correct wage and comply with labor laws for H-1B sponsorship.
This Article in a Nutshell
New 2025 rules allow U.S. business owners to self-sponsor for H-1B visas, but the process is complex. You must prove an authentic employer-employee relationship—often through an independent board—even if you own 100%. Follow all wage, compliance, and documentation rules to avoid denial or site visit complications.
— By VisaVerge.com
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