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Most people assume that getting an H-1B visa means landing a job at a U.S. company that agrees to sponsor you. That’s usually true, but not always. There’s a lesser-known path that some entrepreneurs are using to bypass the traditional process and apply for an H-1B on their own terms. It’s not easy, but it’s possible, and it could be the key that allows business owners to legally work in the U.S.
Yes, You Can Sponsor Yourself, But Read the Fine Print
This isn’t a free pass. The self-sponsorship option is only available under very specific conditions, and USCIS will scrutinize every part of your petition. But if you’re a founder or part-owner of a U.S.-based company, and you plan to take on a role that requires highly specialized knowledge (think software engineer, financial analyst, or operations lead), there may be a legitimate way forward.
Here’s the catch: just owning the business isn’t enough. You need to prove that the company functions as a real employer and that it has the authority to supervise, evaluate, and even terminate your employment.
What USCIS Wants to See
To even be considered for self-sponsorship under the H-1B visa, you’ll need to meet some non-negotiable criteria:
Your job must be in a specialty occupation. That means it normally requires at least a bachelor’s degree in a specific field.
There has to be a real employer-employee relationship. You can’t be the only person in charge. There must be a structure, like a board or group of investors, that has control over your employment.
The business must be real and operational. It can’t just exist on paper. It should have an actual business model, documented activities, the ability to pay wages, and ideally, some traction.
You must have detailed supporting documents. This includes proof of operations, financial viability, and especially a credible business plan that aligns with your role.
Why the Business Plan Matters So Much
In self-sponsorship cases, the business plan does more than explain what your company does. It shows USCIS that your business is legitimate, that your job role is real and specialized, and that your company can sustain your employment.
A strong business plan should outline:
The company’s structure and day-to-day operations
The position you will hold and how it qualifies as a specialty occupation
How your qualifications match the role
Financial projections, job duties, and long-term viability
If the business plan feels vague, generic, or overly optimistic, that alone could lead to a denial. USCIS needs to see realistic numbers, a clear strategy, and a defined position that meets visa requirements.
Bottom Line
Yes, it is possible to apply for your own H-1B if you own a U.S. company, but it requires much more than just paperwork. You’ll need a solid company structure, a clearly defined role that fits your background, and the documentation to prove it.
At Visa Business Plans, we help entrepreneurs present strong, USCIS-ready business plans that meet the expectations for self-sponsored H-1B petitions. If you’re exploring this option, reach out to us. We can help you build a business plan that doesn’t just check a box, but actually helps move your petition forward.
Contact us today to get started
The information provided in this blog is intended solely for informational purposes. While we strive to offer accurate and up-to-date content, it should not be considered legal advice. Immigration laws and regulations are subject to change, and individual circumstances can vary widely. For personalized guidance and legal advice regarding your specific immigration situation, we strongly recommend consulting with a qualified immigration attorney who can provide you with tailored assistance and ensure compliance with current laws and regulations.
Visa Business Plans is led by Marco Scanu, a certified coach from the University of Miami with a globally-based practice coaching Fortune 1000 company executives, entrepreneurs, as well as professionals in four different continents. Mr. Scanu advises clients on turnaround strategies and crisis management.
Mr. Scanu received a bachelor’s degree in Business Administration (Cum Laude) from the University of Florida and an MBA in Management from Bocconi University in Milan, Italy. Mr. Scanu was also a Visiting Scholar at Michigan State University under the prestigious H. Humphrey Fellowship (Fulbright program) with a focus on Entrepreneurship, Venture Capital, and high-growth enterprises.
At present, Mr. Scanu is the managing partner and CEO at Visa Business Plans, a Miami-based boutique consulting firm providing attorneys and investors with business planning services in the areas of U.S. and Canadian immigration, SBA loans, and others.
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