Entrepreneurs and professionals often ask whether it’s possible to apply for an H-1B visa without a traditional employer. The short answer is yes — in certain circumstances, a foreign national can form a U.S. company and have that business petition for their own H-1B visa.
However, this process is far from simple. It requires strict adherence to U.S. Department of Labor (DOL) and U.S. Citizenship and Immigration Services (USCIS) requirements, especially when proving that a valid employer-employee relationship exists.
1. The Foundation of the H-1B Visa
The H-1B is designed for “specialty occupations,” meaning the position must require at least a bachelor’s degree or higher in a specific field. The visa allows U.S. employers to hire qualified foreign professionals for up to three years initially, with a possible three-year extension.
Normally, a U.S. company must file the petition on behalf of the worker. But for founders and entrepreneurs who want to work for their own startup, it’s possible to structure the company so that the business, not the individual, acts as the employer.
2. How a Self-Sponsored H-1B Works
To qualify, the company must be legally distinct from the applicant and have the authority to hire, supervise, and terminate the individual.
In practice, this means:
- The founder must form a U.S. business entity such as an LLC or corporation.
- The company should have a board of directors or other governing body that has the power to make employment decisions.
- The founder’s role must be tied to a specialty occupation consistent with their degree or experience.
For example, an engineer who owns an engineering consultancy may be eligible if the company provides engineering services and can show ongoing or planned commercial activity.
This structure demonstrates to USCIS that a legitimate employer-employee relationship exists — a key factor for H-1B eligibility.
3. H-1B Lottery and Validity Period
Self-sponsored H-1B petitions are generally subject to the annual lottery unless the individual already holds H-1B status.
Entrepreneurs who already have H-1B authorization through another employer may file a concurrent H-1B petition for their own business, allowing them to develop the startup part-time while remaining in lawful employment.
Recent policy guidance limits self-sponsored H-1B approvals to an initial period of up to 18 months, with a potential renewal for another 18 months.
During this time, founders can operate their businesses and, in some cases, prepare to transition to another visa or Green Card category.
4. Pathways Beyond the H-1B
Because the H-1B is a temporary visa, long-term immigration planning is essential.
Self-sponsored H-1B holders may later explore:
- EB-2 National Interest Waiver (NIW) – for entrepreneurs whose work benefits the U.S. economy or national interest.
- EB-1A Extraordinary Ability or EB-1C Multinational Manager/Executive petitions.
- EB-5 Immigrant Investor Program – for those increasing investment to meet EB-5 job-creation thresholds.
It’s important to note that a company used for an H-1B petition cannot directly file a Green Card for its owner under EB-2 or EB-3 categories because these require a genuine employer-employee separation. Self-petitioning under EB-1A or NIW is the usual route.
5. Other Alternatives
Entrepreneurs who are not selected in the H-1B lottery or who seek greater flexibility may consider:
- The O-1 visa for individuals with extraordinary ability, or
- The E-2 Treaty Investor visa for nationals of treaty countries investing in a U.S. business.
These alternatives allow business founders to operate in the U.S. without the same lottery restrictions.
Key Takeaways
- You can apply for an H-1B through your own U.S. company if it is structured to create a genuine employer-employee relationship.
- The business must engage in specialized, degree-level work and operate as a real, independent entity.
- Self-sponsored H-1Bs are typically valid up to 18 months, renewable once.
- Careful legal and corporate planning is critical to remain compliant and eligible for future immigration benefits.
Contact NPZ Law Group
For entrepreneurs, investors, and professionals exploring self-sponsored or startup-based H-1B visas, contact NPZ Law Group at www.visaserve.com or call 201-670-0006.
Our attorneys assist founders in structuring compliant business entities, filing H-1B petitions, and developing long-term immigration strategies toward permanent residence.