Can You Self-Sponsor an H-1B Visa? Here’s What You Need to Know in 2025
For entrepreneurs, founders, or self-employed professionals looking to work in the U.S., a common question is: can I sponsor my own H-1B visa?
The answer is more nuanced than a simple yes or no.
While individuals can’t directly petition for themselves, self-sponsorship through a company you own is possible under specific conditions.
In this article, we’ll break down how H-1B self-sponsorship works, who qualifies, what the process looks like, and key things to consider if you're planning to apply.
SCHEDULE A CONSULTATIONWhat Is H-1B Self-Sponsorship?
“Self‑sponsorship” (an informal term) refers to a scenario where a U.S. company that you own in whole or in part petitions for your H‑1B.
USCIS still requires a bona fide employer to fileso the company must be legally distinct from you and able to hire, supervise, and, if needed, fire you.
While the H-1B is most often associated with large tech companies or consulting firms, entrepreneurs can qualify too—as long as certain legal requirements are met.
USCIS guidance recognizes that some founder‑owned companies can qualify, but the evidentiary threshold remains high; no new regulations have ‘opened the floodgates.’
Can I Apply for H-1B on My Own?
Technically, no—you can't file an H-1B petition as an individual for yourself.
The law requires an employer to file on behalf of the employee.
But if you own a company that operates independently, and you can show that the business has the ability to hire and supervise you, then that company may be able to petition for you.
This route is often referred to as a self-sponsored H-1B, but it hinges on your ability to show a legitimate employer-employee relationship.
This includes establishing control structures like a board of directors or other oversight mechanisms.
H-1B Self-Sponsorship Requirements
To pursue a self-employed or entrepreneur-based H-1B, the following conditions typically need to be met:
- A legitimate U.S. business entity: You must set up a properly structured LLC or corporation.
- A specialty occupation: The role you're hiring yourself into must require at least a bachelor’s degree.
- An employer-employee relationship: Independent directors or managers must hold real authority—documented in operating agreements and meeting minutes—to hire, set pay, evaluate performance, and, if necessary, terminate your employment.
- Ability to pay: Your company must be able to pay the prevailing wage for the role.
Step-by-Step Guide to Self-Sponsoring an H-1B Visa
If you’re considering this path, here’s a high-level overview of what the process looks like:
1. Form a U.S. Company
Incorporate your business, obtain an EIN (Employer Identification Number), and set up proper payroll and banking systems.
2. Define Your Job Role
Your position must be a “specialty occupation” relevant to your education and experience—commonly in fields like IT, finance, or engineering.
3. Establish Oversight
Set up a structure that clearly defines how your employment will be managed—such as appointing board members or an independent manager.
4. File a Labor Condition Application (LCA)
Submit an LCA to the Department of Labor showing the wage, work location, and terms of employment.
5. File Form I-129
Once the LCA is approved, submit Form I-129 with USCIS along with documentation showing the viability of your business and employer-employee relationship
6. Be Prepared for a Request for Evidence (RFE)
USCIS often issues RFEs in these cases, so strong documentation is important.
If you'd like help evaluating whether your business qualifies and how to structure your petition, Quijano Law offers consultations for entrepreneurs navigating the H-1B process.
SCHEDULE A CONSULTATIONCommon Challenges with H-1B Self-Sponsorship
Navigating this route isn’t simple.
Here are a few of the more common hurdles:
- Proving control: USCIS needs to see that your company—not you—controls the employment relationship. Simply naming a friend to your board is rarely enough; USCIS looks for evidence that the board has exercised—or could readily exercise—substantive control, such as approving salary changes or signing your employment agreement.
- Demonstrating financial health: Your business needs to show it can support you at the required wage. Provide bank statements, payroll journals, signed client contracts, investor term sheets, or other contemporaneous records proving the company can pay the prevailing wage from day one.
- Timing the H-1B cap: Unless your sponsoring entity qualifies as cap‑exempt—e.g., a nonprofit affiliated with an accredited U.S. university or a nonprofit research institution—you'll need to apply through the annual lottery.
H-1B Entrepreneur Myths to Avoid
Many people on forums and Reddit threads mistakenly believe:
- “I can just start an LLC and file my own H-1B.”
- “As long as I have an idea, I can get the visa.”
- “There’s a special H-1B visa for founders.”
These are common misunderstandings.
While H-1B entrepreneur visas are possible, they must still follow all standard legal procedures and meet strict requirements.
Alternatives to H-1B Self-Sponsorship
If the self-sponsorship route seems too complex, you might explore:
- O-1 Visa: For individuals with exceptional ability in their field.
- E-2 Visa: For investors from treaty countries.
- EB-2 National Interest Waiver (NIW): For professionals whose work benefits the U.S.
- Cap-exempt H-1B: For professionals whose work benefits the U.S.
When to Talk to an Immigration Attorney
Because the self-sponsored H-1B processinvolves more complexity than a standard petition, many entrepreneurs choose to work with an H-1B visa attorney.
Legal guidance can help ensure your company is structured correctly, your role qualifies as a specialty occupation, and your documentation meets USCIS standards.
Quijano Law works with business owners, founders, and self-employed professionals who want to explore H-1B or other employment-based visa options. If you’d like to speak with an attorney, schedule a consultation today.
SCHEDULE A CONSULTATIONFinal Thoughts
Self-sponsoring an H-1B visa is possible, but it requires planning, strong documentation, and a clear employer-employee structure.
If you're a founder, contractor, or entrepreneur hoping to work in the U.S., this route could be worth exploring.
Have questions about self-sponsorship, or want to explore alternatives like the H-2B visa? Quijano Law can help you understand what’s possible for your situation.
SCHEDULE A CONSULTATIONFAQs
Can you self-sponsor an H-1B?
Not directly. While you can’t file an H-1B petition for yourself as an individual, you may be able to create a U.S. business that acts as your sponsor, as long as there is a valid employer-employee relationship.
Can I get a H-1B visa without a sponsor?
No, an H‑1B visa always requires a U.S. employer to act as the petitioner. That employer may be a company you own provided the employer‑employee test and all other statutory requirements are satisfied.
Can you pay for H-1B yourself?
You may pay for some costs like H-1B attorney fees or premium processing, but the employer is legally required to pay for filing fees and other mandatory expenses. Self-paying those could violate Department of Labor rules.
Can a sole proprietor sponsor H-1B?
Generally, no. A sole proprietorship does not create the separation needed to establish an employer-employee relationship. An incorporated business structure is usually required to pursue this route.
Can I apply for an H-1B on my own?
No. Individuals cannot petition for themselves. You need a U.S. employer to submit the H-1B petition on your behalf, even if you own the company.
Is there a minimum salary for H-1B?
Yes. The Department of Labor sets a required "prevailing wage" based on the job title, location, and skill level. Your sponsoring employer must agree to pay at least this wage.
Can I pay for my own work visa in the US?
Some immigration-related costs may be covered by the foreign national, but for H-1B specifically, certain fees must be paid by the sponsoring employer. Self-paying these can raise compliance issues.
How long can I stay in the U.S. on an H-1B visa?
The initial period is up to three years, with a possible extension to a maximum of six years in most cases.
What happens if my H-1B self-sponsorship is denied?
If your petition is denied, you may be able to appeal or explore alternative visa options like O-1, E-2, or the EB-2 National Interest Waiver depending on your background and goals.
