Can H-1B Visa Holders Be Self-Employed?

H-1B
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1

Hey everyone,

A friend of mine is currently on an H-1B visa, and we were recently discussing whether it’s possible for an H-1B holder to be self-employed in the U.S. We know that the H-1B is employer-sponsored, but there seems to be conflicting information about whether there’s any legal way for an H-1B visa holder to start their own business.

Some sources say it’s completely prohibited because the visa requires a clear employer-employee relationship, while others suggest that if an H-1B holder structures the business correctly (e.g., having a board that can “hire and fire” them), it might be possible.

A few questions we’re curious about:

  • Can an H-1B holder start a business while still working for their sponsor?
  • Is it possible for an H-1B holder to own a company but not actively work for it?
  • Can an H-1B holder sponsor themselves through a business they set up, as long as it meets USCIS employer-employee requirements?
  • Has anyone successfully navigated this process without violating visa restrictions?
2

You can start your own business and sponsor yourself if you can maintain the H-1B base qualification. I remembered I have seen some contents those are discussing about it, let me share with you fyr:

hope it helps!!!

3

Wow thank you! You’re so resourceful!!!