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Can you sponsor yourself for an H-1B if you own a U.S. company?

Can you sponsor yourself for an H-1B if you own a U.S. company?

Can you sponsor yourself for an H-1B if you own a U.S. company? This is a question I hear all the time from founders and entrepreneurs. The short answer is that you can’t truly “self-sponsor,” but it is possible for a company you own or helped start to sponsor you if it’s structured correctly.

USCIS doesn’t care as much about ownership as it does about control. If you own 100 percent of the company, supervise yourself, and can’t be fired, that’s a problem. But if the company can show a real employer-employee relationship, meaning someone other than you has the authority to supervise your work and terminate your employment, an H-1B may be possible.

This is where structure really matters. Companies with boards, multiple owners, investors, or well-drafted operating agreements are often in a much stronger position. USCIS reviews these documents closely and wants to see real oversight, not just paperwork.

Your role also matters. Founder or CEO alone is usually risky. The H-1B must be based on a specialty occupation, such as a software engineer, product manager, data scientist, engineer, or other professional role that normally requires a bachelor’s degree.

Even if it’s your company, all H-1B rules still apply. The business must pay the required wage, run payroll, and comply with all filing requirements. Most founder H-1Bs are also still subject to the annual lottery unless an exemption applies.

Bottom line: you can’t truly self-sponsor an H-1B, but you can own a company that sponsors you if the structure, role, and compliance are done right. hashtagH1B hashtagImmigration 

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