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Can I Sponsor My Own H-1B Visa?

Published in H-1B Self-Sponsorship 4 mins read

Yes, it is possible to sponsor your own H-1B visa, a concept often referred to as "H-1B for Entrepreneurs" or "Self-Sponsorship." This process allows individuals to establish their own U.S. company and have that company file an H-1B petition on their behalf.

Understanding H-1B Self-Sponsorship

While the term "self-sponsorship" is commonly used, it's crucial to understand that you are not directly sponsoring yourself as an individual. Instead, a U.S. entity that you establish and own becomes your employer and files the H-1B petition for you. The U.S. Citizenship and Immigration Services (USCIS) requires a legitimate employer-employee relationship to exist, even when you are the owner of the sponsoring company.

Key Steps and Requirements:

  1. Company Formation: You must first incorporate a U.S. company (e.g., C-Corp, S-Corp, LLC). This entity will serve as your H-1B petitioner.
  2. Employer-Employee Relationship: This is the most critical and often challenging aspect. Even though you own the company, the USCIS needs to see that the company, as a separate legal entity, has the right to control your employment. This means:
    • The company, through a board of directors, management, or bylaws, must control your work, including hiring, firing, payment, and supervision.
    • Your role within the company must be that of an employee, not just the sole proprietor making all decisions without oversight.
    • A clear distinction between you as an owner/manager and you as an H-1B employee performing specific specialty occupation duties is necessary.
  3. Specialty Occupation: Your proposed role within your company must qualify as a specialty occupation, meaning it requires a bachelor's degree or higher in a specific field.
  4. Financial Viability: The company must demonstrate the financial capacity to pay the prevailing wage for your H-1B position. This often requires a solid business plan outlining funding, revenue projections, and operational costs.
  5. Business Plan: A detailed business plan is essential, outlining the company's services/products, market analysis, organizational structure, financial projections, and how your role fits into the company's operations.

Maintaining Status During the Process

It's important to note that when you are "self-sponsoring" and are already on H-1B status in the U.S., you generally maintain your H-1B visa status while the decision is pending for your new petition, provided the petition is timely filed and meets all requirements.

Advantages and Challenges of Entrepreneurial H-1B

Aspect Advantages Challenges
Control Full control over your business vision and operations. Demonstrating employer-employee relationship to USCIS.
Innovation Opportunity to build and grow your own startup or venture. Complexity of proving the company's financial stability and viability.
Flexibility Potentially more flexible work arrangements than traditional employment. High scrutiny from USCIS, requiring meticulous documentation and legal strategy.
Long-Term Goal Path to permanent residency through your own business. Significant upfront legal and business setup costs.

Key Considerations for a Successful Petition

  • Strong Business Plan: Your business plan should clearly define the company's operations, your role, how the company will generate revenue, and its financial projections.
  • Organizational Structure: Consider having a board of directors or an external management team that can exercise control over your employment, even if you are the primary founder.
  • Documentation: Prepare comprehensive documentation including incorporation papers, business licenses, bank statements, client contracts (if any), and detailed job descriptions.
  • Legal Counsel: Due to the complexity and high scrutiny involved, it is highly recommended to work with an experienced immigration attorney specializing in H-1B for entrepreneurs. They can help structure your company and petition to meet USCIS requirements.

For more information on the general H-1B visa requirements, you can refer to the official USCIS guidelines on specialty occupations and temporary workers: USCIS - H-1B Specialty Occupations, DOD Cooperative Research and Development Project Workers, and Fashion Models.