U.S. Now Allows Self-Sponsored H-1B Visa

Self-Sponsored H-1B Visa: The United States have introduced a major policy change that now allows foreign entrepreneurs to apply for self-sponsored H-1B visas. This update removes the long-standing requirement for a U.S.-based employer, giving business owners and startup founders the power to sponsor themselves through their own companies. With clear rules on eligibility, business structure, and proof of employment, this new pathway opens the door for global innovators to build and scale their ventures in the U.S. legally.

In a groundbreaking policy update, the U.S. government has opened a new door for entrepreneurs and startup founders worldwide. For the first time, self-sponsored H-1B visas are now an official pathway to work and grow a business in the United States. This update simplifies the process for qualified business owners to move to the U.S. without needing a separate sponsoring employer.

This article explains the new rules, eligibility requirements, and practical steps needed to apply for this visa.

What Is a Self-Sponsored H-1B Visa?

A self-sponsored H-1B visa allows foreign entrepreneurs to sponsor themselves for work authorization in the United States through their own businesses. Unlike the traditional H-1B process, which requires a U.S.-based employer, this model permits company founders and owners to act as both employer and employee.

Key USCIS Policy Change for 2025

In late December 2024, the United States Citizenship and Immigration Services (USCIS) issued a clarification expanding the interpretation of the term “employer” under the H-1B visa regulations.

The update, available on the USCIS official website, confirmed that business owners, including sole proprietors and startup founders, may now petition for themselves if:

• They establish a valid employer-employee relationship.

• Their business can sustain their employment.

This policy shift supports innovation, economic growth, and the recruitment of global talent.

Who Can Apply Self-Sponsored H-1B Visa?

You may apply for a self-sponsored H-1B visa if you are:

• A business owner or sole proprietor

• A startup founder

• A co-founder or executive with decision-making power

• A foreign national who holds a qualifying U.S. business entity (LLC, Inc., etc.)

You must also occupy a position that qualifies as a specialty occupation under H-1B rules.

Eligibility Requirements

To qualify for a self-sponsored H-1B visa, you must meet all of the following conditions:

Employer-Employee Relationship Explained

Even though you own the business, you must prove that a genuine employer-employee relationship exists. According to USCIS policy guidance, this means:

• Someone in the company (e.g., board of directors or investors) can supervise and evaluate your work.

• There is a clear separation between your ownership and employment role.

• Employment terms (duties, hours, wages) are documented.

This structure is essential for approval. Without it, USCIS may deny the petition.

Required Documentation

To strengthen your application, gather the following documents:

1. Business Formation Documents

   • Articles of Incorporation or LLC formation certificate

   • IRS EIN confirmation letter

2. Employment Contract

   • Details your job title, duties, salary, and reporting structure

3. Financial Records

   • Recent bank statements

   • Business tax returns

   • Profit and loss statement

4. Organizational Chart

   • Shows the business hierarchy, including your role and oversight

5. Business Plan

   • Explains your operations, market goals, and growth forecast

6. Office Lease or Virtual Office Proof

These documents help demonstrate your company’s operational legitimacy and ability to support your H-1B employment.

Educational and Occupational Criteria

Your role in the company must qualify as a “specialty occupation” under the H-1B program. This includes fields such as:

You must have a degree that aligns with the role. For example, a founder acting as Chief Technology Officer (CTO) must have a relevant degree in software engineering or computer science.

H-1B Visa Validity and Extensions

Per USCIS, the self-sponsored H-1B visa is valid for:

• Initial Period: 3 years

• Extensions: Up to an additional 3 years

In total, you can stay up to 6 years under normal H-1B status.

Extensions beyond six years are possible if you are already in the process of applying for lawful permanent residency (green card). See USCIS H-1B Duration of Stay for details.

Self-Sponsored H-1B Visa Application Process

Here’s a practical breakdown of the steps:

1. Form a U.S. Business Entity

2. Draft an Employment Agreement

3. Prepare and File Form I-129 (H-1B Petition)

4. Pay Filing Fees

5. Submit Labor Condition Application (LCA) to the Department of Labor

6. Wait for USCIS Decision

If you are outside the U.S., you must then attend a visa interview at a U.S. consulate abroad.

Cap and Lottery System

The H-1B visa is subject to an annual cap:

If your self-sponsored H-1B application falls under the cap, you must register during the designated window and be selected in the lottery.

Cap-exempt employers (like nonprofit research institutions) are not subject to the lottery. However, most startups are cap-subject.

Benefits of Self-Sponsored H-1B Visa for Entrepreneurs and the U.S. Economy

The U.S. government introduced this policy change to attract entrepreneurial talent and boost innovation. According to the Department of Homeland Security (DHS), enabling startup founders to self-sponsor will:

• Increase job creation

• Boost local economies

• Strengthen U.S. competitiveness in tech and innovation

The policy allows qualified immigrants to build companies that contribute directly to the U.S. economy.

Challenges and Risks

Despite the new opportunity, applicants should be aware of these challenges:

• Proving employer-employee relationship is complex for solo founders

• Your business must show real operations and revenue potential

• H-1B cap lottery adds unpredictability

• USCIS scrutiny is high for founder-based petitions

Careful planning and legal guidance are essential for approval.

Legal Support and Guidance

To successfully apply for a self-sponsored H-1B visa, consult an experienced immigration attorney. They can help:

• Review your corporate structure

• Draft required contracts and business documents

• File accurate USCIS petitions

• Prepare you for any Request for Evidence (RFE)

Immigration lawyers familiar with startup and business immigration can dramatically improve your approval odds.

Final Thoughts

The self-sponsored H-1B visa policy marks a major shift in U.S. immigration. For entrepreneurs and business owners, it creates a real opportunity to move, work, and build in the U.S. without needing a traditional employer.

However, this pathway requires serious preparation, legal compliance, and a strong business foundation. With the right support and planning, foreign founders can now take their innovations global — starting from the U.S.

Maple Crest Immigration Law Firm

Thinking of launching your business in the United States through a self-sponsored H-1B visa? At Maple Crest Immigration Law Firm, we specialize in helping entrepreneurs navigate this complex process. From entity formation to USCIS filings, we provide expert legal guidance tailored to your unique journey.

Contact us today at Maple Crest Law for a free consultation. Let’s build your American dream together.