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U.S. Citizenship and Immigration Services (USCIS) Website
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Statistics
Annual Caps for H-1B for Fiscal Years: 85,000 visas
- 65,000 visas
- 20,000 visas for the master’s cap*
The master’s cap – individuals with advanced degrees from U.S. institutions.
Topics
Entrepreneurs Can Self-Sponsor H-1B Visas
U.S. opens the door to H-1B self-petitioning for business owners and startup founders.
Starting in 2025, a landmark update to U.S. immigration policy creates an opportunity for entrepreneurs: for the first time, eligible business owners, founders, and sole proprietors (those who own 100% of their companies) can self-petition for an H-1B visa.
This means they can act as both sponsor and beneficiary – eliminating the traditional requirement of securing a separate U.S.-based employer. The phrase “talk to HR” just became a lot simpler - because you are HR.
Traditionally, the H-1B program required applicants to have a sponsoring employer. But under recent regulatory modernization efforts - initiated under the Trump administration and further advanced in recent years - the U.S. Citizenship and Immigration Services (USCIS) now permits qualified entrepreneurs to sponsor themselves if they meet specific criteria.
This shift is designed to attract global entrepreneurial talent, stimulate innovation, and promote job creation - all while reducing barriers to entry for foreign-born founders.
Let’s break down what you’ll need to pull this off:
Financial Capacity:
Demonstrate your company’s financial health and its ability to support your employment and meet H-1B wage requirements. Provide financial documents such as tax returns, bank statements, profit and loss reports, investment records, and grant information - all of which show your company can sustain your salary and fulfill visa conditions.
Business Plan:
A solid business plan is essential. It should outline your company’s mission, goals, strategy, growth, and - critically - your personal role in achieving those outcomes.
Specialty Occupation (No, “CEO” Isn’t Enough):
The H-1B visa requires you to fill a specialty occupation - one that demands specific, high-level knowledge (think: engineering, biotech, finance, etc.). USCIS doesn’t want to see you spending your day ordering office snacks and updating the Instagram page. Your degree, experience, and job duties must all align to prove you’re doing real, technical work - no fluff.
Employer-Employee Relationship (Even if You’re the Whole Company):
Even if you own 100% of the business, USCIS still wants to see that there’s a legitimate structure in place. This includes having a proper business setup, potential board oversight, and employees or systems that demonstrate you’re not solely managing the business but also working in a specialized role within it.
Tips for a Successful Petition:
Legal Advice:
- Consult an immigration attorney who knows the nuances of H-1Bs for entrepreneurs, and ensure your business setup aligns with USCIS guidelines.
Focus on Documentation:
- Strong documentation is the backbone of your petition. Every claim must be supported by clear, credible evidence.
Start Early:
- H-1B petitions are time-sensitive. Putting everything together - from financials to legal structure - takes time. Plan ahead.
While the H-1B self-sponsorship route introduces complexity, it also unlocks a transformative path for entrepreneurs seeking to establish themselves in the U.S.
With the right planning and legal support, founders can now take charge of their immigration journey - bringing innovation, capital, and job growth along with them.