How to Self-Sponsor an H-1B Visa in 2025

An H-1B visa allows a U.S. company to hire a nonimmigrant worker to do a “specialty occupation,” meaning a job that requires a bachelor’s degree or equivalent experience. Most H-1B recipients are workers who don’t own the companies they work for, but in the case of startup founders and other entrepreneurs, there’s an option to “self-sponsor” by having your own company petition for an H-1B visa on your behalf.

However, H-1B self-sponsorship has stricter eligibility requirements than the standard process. An immigration lawyer can help you choose the right visa for your situation.

The basics of H-1B qualification

An H-1B visa allows qualified individuals to work and live in the U.S. The basic qualifications to receive an H-1B visa are:

• The individual must work in a specialty occupation.
• An employer has a “bona fide” job offer for a position where the majority of job duties involve the worker’s specialty knowledge and skills.
• The employer must file an H-1B visa petition on the worker’s behalf.

A key piece of the H-1B application process is that someone can only qualify for the visa if they have an employer who is willing to sponsor them. This requirement can make it difficult for startup founders or self-employed entrepreneurs to qualify for H-1B visas. However, it’s still an option through “self-sponsorship.”

What is self-sponsorship for H-1B visas?

Self-sponsorship for an H-1B visa is a situation where the worker who is trying to receive an H-1B visa petition is also the majority owner of the company sponsoring their visa application.

A majority owner is anyone who has primary decision-making power or a controlling interest (more than 50%) in the company filing the visa petition on their behalf. That could include a startup founder, a company CEO, or another self-employed entrepreneur. 

In this case, they would apply for the H-1B as a beneficiary-owner.

A beneficiary-owner is someone who:

1. Has an H-1B visa petition filed on their behalf, meaning they are the beneficiary of the petition, and
2. Owns more than 50% of the company that is filing the visa petition on their behalf.

It is possible for beneficiary-owners to receive an H-1B visa after rule changes from the Department of Homeland Security (DHS) in late 2024. The changes, which were meant to streamline the H-1B visa process, clarify the rules for beneficiary-owners to self-sponsor.

However, the term “self-sponsor” is misleading. Someone cannot, as an individual, sponsor themselves for an H-1B visa. In all cases, the visa petition (Form I-129) must still be filed by an eligible employer that is sponsoring an eligible individual.

How self-sponsorship works for H-1B beneficiary-owners

At its core, the H-1B visa application process is the same whether or not someone owns the company that is petitioning on their behalf: An employer must file an H-1B petition for the worker who is seeking a visa.

In practice, H-1B self-sponsorship can be more challenging. In addition to the normal scrutiny applied to H-1B petitions, U.S. Citizenship and Immigration Services (USCIS), which is responsible for processing H-1B applications, looks more closely at applications where the beneficiary is a majority owner of the petitioning company. 

“An H-1B beneficiary-owner visa could be a great alternative for entrepreneurs that have recently graduated or just started their company with the assistance of other investors or entities in starting their company to remain in the United States,” said David Santiago, senior immigration counsel at Manifest Law. “They can utilize this time under their H1B status to either profile build for an O1 visa or even an employment based visa like an EB-1A or EB-2/NIW to eventually obtain lawful permanent residency.”

Beyond the standard eligibility requirements for an H-1B worker visa, USCIS will look deeper into the employer-employee relationship. That means a beneficiary-owner applicant must meet stricter levels of documentary proof:

• USCIS will want evidence that the petitioning U.S. employer is a separate legal entity from the beneficiary. 
• They want to see that the company can function independently of the beneficiary-owner.
• They will confirm that the business has organizational structures in place to hold the owner accountable. One such structure could be a board of directors that is demonstrably independent of the company owner.

How long is a self-sponsored H-1B valid?

Another important note for beneficiary-owners is that their H-1B visas only allow them to work in the U.S. for up to three years — 18 months on an initial H-1B visa plus another 18 months if approved for an H-1B extension. This differs from the standard H-1B visa — workers who aren’t beneficiary-owners can stay in the country up to six years under the H-1B program.

Webinar: Immigration lawyer on self-sponsored H-1B visas

Henry Lindpere, senior immigration counsel at Manifest, explains how the recent changes to the H-1B visa make it possible for entrepreneurs to sponsor themselves. You’ll learn what rules you need to follow and what challenges to be aware of, as well as possible alternatives.

How to apply for an H-1B self-sponsored visa

Whether or not you apply as a beneficiary-owner, the basic H-1B visa process is the same. The employer must:

1. Register for the H-1B applicant (the beneficiary-owner).
2. Submit a Labor Condition Application (LCA) to the Department of Labor (DOL).
3. Complete Form I-129, Petition for a Nonimmigrant Worker.

Looking specifically at self-sponsored H-1B visas, USCIS will also look for, among other things:

• Detailed business plans to confirm that the company has a legitimate market
• Financial documentation that demonstrates the viability and stability of the business — this could include profit-and-loss statements, bank records, tax filings, and any investment agreements or grants the business has received
• Existing contracts and hiring plans
• Proof that the company needs the specialty work done by the petition beneficiary
• Evidence that the majority of the beneficiary’s job (51% or more) is fulfilling the specialty occupation listed on their visa petition

If your application doesn’t provide enough clear evidence for approval, USCIS could issue a Request for Evidence (RFE), which may delay approval of your H-1B. These requests could look similar to the list above and may ask for documents from the petition beneficiary or the petitioning company.

Alternative to the H-1B visa if you’re self-employed

An H-1B visa isn’t always the right choice for founders or business owners. An alternative to the H-1B to consider is an O-1 visa. While H-1B and O-1 visas don’t have the same eligibility requirements, an O-1 offers greater flexibility with day-to-day job duties and how a self-employed worker chooses to run their own business.

An O-1 visa is available for “Individuals with Extraordinary Ability or Achievement,” which means USCIS needs evidence that someone has awards or demonstrable achievements in the fields of science, education, business, technology, the arts, film, or athletics.

The potential benefit of using an O-1 visa comes from the ability for a founder or self-employed worker to use an agent petitioner. That’s a setup where an “agent” sponsors someone to work for multiple employers or clients.

Who serves as the agent and the structure of the contract between the agent and beneficiary are important, so it’s best to consult with an experienced immigration lawyer before petitioning. However, receiving an O-1 visa through an agent petitioner offers much more freedom for a business owner compared to an H-1B visa.

Since the H-1B visa is employer-specific and job-specific, each time a visa holder changes jobs, starts work for a new client, or does work outside of running their main business, they would need an employer to file a new or amended H-1B visa petition. An agent-petitioned O-1 visa could allow you to work for multiple employers without filing a new petition, such as for different productions and projects.

As another example, let’s say an H-1b visa holder runs a young business that needs to pivot or focus on offering different products. Any material changes to their daily job or worksite must be reported to USCIS through a new or amended H-1B petition. Again, a properly petitioned O-1 visa would give the beneficiary the freedom to adjust their daily work duties as needed.

An O-1 visa also doesn’t require going through a lottery or fighting for a limited number of spots, unlike the H-1B visa, which has an annual cap on the number of available visas. The initial period of stay for an O-1 visa is also three years, making it twice as long as a self-sponsored H-1B visa, albeit the same length as a regular H-1B visa. The O-1 visa is then available for unlimited one-year extensions, while the self-sponsored H-1B allows a single, 18-month extension.

Learn more about the differences between H-1B and O-1 visas.

How Manifest Law Can Help

The immigration attorneys at Manifest Law have years of experience getting entrepreneurs and business owners through the visa process as painlessly as possible. Whether you know you want to self-sponsor an H-1B visa or are just trying to understand your options, we can answer all your questions. 

We can also assist with every part of the petitioning process, from developing a strong business plan to filing the necessary paperwork with USCIS and then maintaining your H-1B status after approval.

Request your free consultation with Manifest Law today.