The US government has introduced a new policy in 2025 allowing entrepreneurs and startup founders to apply for self-sponsored H-1B visas. This change marks a significant shift from the traditional requirement that only US-based employers could sponsor foreign skilled workers for H-1B status.
Entrepreneurs can now self-sponsor their H-1B visas through their own US-registered companies, even if they own 100% of the business.
The definition of "employer" has been broadened, enabling business owners and founders to act as both employer and beneficiary.
The policy is designed to attract global talent, promote job creation, and foster innovation in the US economy.
Previously, H-1B applicants needed a US employer to petition on their behalf, which excluded many founders and business owners from accessing the visa. Now, self-employment is permissible: entrepreneurs can establish a US-based company and sponsor themselves, provided they meet strict eligibility criteria.
To qualify for a self-sponsored H-1B visa, entrepreneurs must:
Register a legal US business (LLC or Corporation) with a federal tax ID (EIN) and a physical office address.
Demonstrate a specialty occupation: The role must require the theoretical and practical application of highly specialized knowledge and at least a bachelor’s degree in a relevant field.
Provide a detailed business plan outlining business viability, growth strategy, and the founder’s role in driving innovation.
Prove financial stability: The company must show it can pay the required wage and support the founder’s employment.
Maintain a clear employer-employee relationship: Even if the founder owns the company, there must be a structure ensuring the company can direct and supervise the founder’s work.
Applicants are still subject to the annual H-1B lottery system, unless exempt, and must comply with all Department of Labor wage requirements.
This policy aims to lower barriers for foreign-born founders, enabling them to build and scale businesses in the US. By making it easier for entrepreneurs to secure work authorization, the US hopes to stimulate job creation, attract investment, and maintain its leadership in innovation.
However, the process comes with increased scrutiny: entrepreneurs must provide comprehensive documentation, including business plans, proof of funding, and evidence of a bona fide specialty occupation. Early-stage founders, in particular, will need to demonstrate business viability and compliance with all immigration regulations.
