I’m exploring the idea of starting my own company in the U.S. and using it to sponsor my H1B visa. I’ve been researching the H1B process, and I’m aware that it typically involves a clear employer-employee relationship, which makes me wonder how it would work if I’m both the founder and the beneficiary.
Some of the questions I have:
• Structure: How can I structure the company to establish a legitimate employer-employee relationship? Would bringing in a board, investors, or additional management help in this case?
• USCIS Scrutiny: What are the potential pitfalls or red flags that USCIS might look for in self-sponsored scenarios? Have any of you faced issues or challenges with self-petitioning?
• Legal Advice: Without giving specific legal counsel, what are some general guidelines or experiences you’ve encountered when trying to navigate this process?
I’m looking for any insights, personal experiences, or resources that could shed light on this. Thanks in advance for your help!
You can, but there are some restrictions and I think you need to have someone else on the company board. I’m not too knowledgable on this but you can check out this video: https://youtu.be/gU5BHCk3IM4?si=YIxcVAYlOfxJlA0t
Technically, a board will work, you need minimum of 1 person.(that’s not you)
If you gonna sponsor a H1B to yourself or to anybody, they will look at if your business is legitimate and it’s operating with revenue.
Even if you don’t make any money, you need incomes coming in. It’s not a empty shell company.
You can. The reformed H1B policy, which took place on Jan 27th, 2025 is favors this option than before, though there are still lots of restrictions. I would use it as a last resort. You’ll have to be able to prove that “you are fireable”, which means you can’t be the sole owner of the company.
Following. I’ve looked into H1B self-sponsorship before but never really dug into the details. I’m also curious about how the whole process actually works.
Looks like I can not only save myself but a lot of peers.