The U.S. immigration system has long required that employers petition on behalf of foreign workers under the H-1B visa. But recent changes in 2025 are opening new doors for entrepreneurs — including those who own their own business.
Thanks to the H-1B modernization rules introduced in January 2025, individuals can now self-sponsor an H-1B through their own startup — even if they own 100% of the company.
Here’s what you need to know if you’re thinking about building your own business and staying in the U.S. on an H-1B visa.
Yes, Self-Sponsorship Is Now Possible — With Conditions
Entrepreneurs can now file their own H-1B petition under specific rules — but there are strict requirements.
Here’s a breakdown of the key eligibility criteria:
1. You Must Have a Legally Incorporated Business
Your company must be a distinct legal entity — not a sole proprietorship.
- LLCs, corporations, or similar structures qualify
- You must provide documentation such as the operating agreement, EIN, and corporate formation records
2. You Must Establish a Real Employer-Employee Relationship
Even though you own the company, USCIS requires proof that the business has control over your employment.
- A board of directors or another decision-maker must be able to hire, supervise, and (if needed) fire you
- Include an employment agreement outlining job duties, salary, and reporting structure
3. You Must Perform a Specialty Occupation Job
Because the H-1B is a professional work visa, your position must still meet specialty occupation requirements.
- At least 51% of your job duties must relate to your field (e.g., engineering, accounting, IT)
- The remaining time may be spent managing the business (e.g., operations, fundraising)
4. You Must Be Paid the Prevailing Wage
Owning the company doesn’t exempt you from H-1B wage rules.
- Your company must agree to pay you a salary that meets or exceeds the prevailing wage for your occupation
- USCIS will expect to see payroll capability, bank statements, and funding sources
5. A Business Plan Is Required
You must demonstrate the company wasn’t created just for visa purposes.
- Include a business plan showing revenue potential, funding, and your role
- Describe the long-term vision and how the business will support your professional job
6. Approval Comes in Stages
Unlike traditional H-1Bs, a self-sponsored H-1B is initially approved for 18 months, not 3 years.
- You can file for a second 18-month extension, followed by a 3-year extension after that
- This gives you time to grow your business and prove long-term viability
Tip: Use a “Concurrent” H-1B to Reduce Risk
If you’re already in H-1B status with another employer, you can file a part-time concurrent H-1B with your own company.
This means:
- You keep your current H-1B status and salary
- You work part-time with your startup
- If your startup petition is denied, you still maintain legal status and employment
Good News for F-1 Students and Others Too
Even if you’re not on an H-1B yet (e.g., you’re on OPT or STEM OPT), you can still apply — but you must go through the H-1B lottery process like any other applicant.
The self-sponsorship pathway is especially promising for:
- Startup founders
- Graduate students with business ideas
- H-1B employees looking to start a side business
Final Thoughts
The H-1B self-sponsorship route offers new flexibility for entrepreneurs, but success depends on careful planning, detailed documentation, and strict legal compliance.
At NPZ Law Group, we’ve helped clients navigate these new self-sponsorship rules and secure approvals. Whether you’re launching a startup or expanding your existing venture, we can help you make the most of this new opportunity.
FAQs
Q: Can I work for my own company while on H-1B?
A: Only if you’ve filed and been approved for a self-sponsored H-1B. Without that, you cannot perform work for the business.
Q: Can I apply as a sole proprietor?
A: No. Sole proprietorships are not recognized as separate legal entities for H-1B purposes.
Q: What happens if my petition is denied?
A: If you filed a concurrent H-1B, you retain your existing status and job — reducing the risk of disruption.
Contact Information
If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.