Kevin Keane

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Home All FAQs Working Visas Can I open my own company and have this company sponsor me for an H-1B?

Can I open my own company and have this company sponsor me for an H-1B?

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Technically, yes. USCIS will usually scrutinize such situations carefully, though, and a good attorney is critical to get such a case passed. Also, be aware that all the regular restrictions on H-1Bs still apply:

  • You can only perform the work specified in your H-1B petition. In particular, you will usually have to hire a manager, accountant, etc. to actually run the business side, unless you have a relevant degree.
  • You need to pay yourself a salary at the specified rate no matter how well or poorly the business is doing.

Another point to keep in mind: such an employer cannot sponsor a Green Card.

 

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