Since January 17, 2025, a foreign national who owns a controlling interest in a U.S. company can be the beneficiary of an H-1B petition filed by that company. We secured our first H-1B self-petition approval in 2025 and have been filing these cases since. The same questions come up in nearly every consultation, so I’ve put the answers in one place.
One point of terminology first. “Self-petition” is shorthand. You don’t file for yourself. Your company is the petitioner and you are the beneficiary. That distinction matters, because USCIS still evaluates the company as an employer.
Can I sponsor my own H-1B?
Yes. The H-1B Modernization Rule revised the definition of “United States employer” at 8 CFR 214.2(h)(4)(ii), effective January 17, 2025. A company can now petition for a beneficiary who owns more than 50% of it or holds majority voting rights.
Historically, USCIS asked whether the company could hire, pay, fire and supervise the beneficiary like any other employee. If you owned the company, the honest answer was usually no, and that ended the case. That test no longer controls for majority owners.
What does USCIS actually require for an owner-beneficiary?
Everything a normal H-1B requires, plus one additional condition. The normal requirements still apply: a position that requires at least a bachelor’s degree in a specific specialty, a beneficiary with that degree or its equivalent, a certified Labor Condition Application (LCA), and payment of the required wage.
The additional condition is that you perform specialty occupation duties a majority of the time. You are allowed to run the company, which means signing leases, hiring, managing vendors and talking to investors. That work just can’t be most of your job.
What percentage of my time has to be specialty occupation work?
More than half. But 51% is the legal floor, not a target. In a recent case where USCIS issued an RFE, the job description put roughly 80% of our client’s time on specialty occupation work tied to the occupational classification on the LCA. The petition was approved. The duties also have to line up with your degree.
Do I need a board of directors or outside investors?
No. Nothing in the regulation requires a board, outside investors or anyone with authority to fire you. We received an RFE taking that position on a single-member LLC, responded that the regulation says no such thing, and the case was approved. I explain the argument in detail in No, You Do Not Need a Board of Directors to Self-Petition Your Own H-1B. Spend your effort on the operating agreement, the job description and the business plan instead.
Do I still have to go through the H-1B lottery?
It depends on whether you have already been counted against the H-1B cap.
If you are on F-1 OPT or STEM OPT, in L-1 or another status, or outside the United States and have never held a cap-subject H-1B, yes. Your company registers you in the March registration period like any other employer.
If you are already in H-1B status and were counted against the cap, generally within the last six years, no. Your company can file a change-of-employer or concurrent petition at any time of year.
How does the new wage-weighted H-1B lottery affect founders?
DHS published a final rule on December 29, 2025, effective February 27, 2026, and it governed the FY 2027 registration season. Each beneficiary now receives entries based on the highest OEWS wage level the offered wage meets for the occupation and area: four entries for Level IV, three for Level III, two for Level II and one for Level I.
This cuts both ways for founders. Pay yourself a Level I salary and you go into the pool with one entry against candidates who have four. Register at Level III or IV and your odds improve, but the wage level, occupation and worksite on the registration must match the LCA and the petition, and your company must actually pay that salary once you start. Don’t register at a wage your company can’t fund.
Can I keep my current job while my own company sponsors me?
Yes, if you are already in H-1B status. Your company can file a concurrent H-1B petition for part-time employment while you keep working for your current employer. Many of our clients do this to build revenue before they make the jump.
Two practical points. The majority-of-time requirement still applies to the work you do for your own company. And read your current employment agreement before you file. Moonlighting, IP assignment and non-compete clauses create problems that have nothing to do with immigration.
Can I file a concurrent self-petition while my primary H-1B extension is pending?
Yes. As long as your primary employer filed the extension before your I-94 expired, you remain in a period of authorized stay while it is pending, and you can keep working for your primary employer for up to 240 days. A concurrent petition can be filed during that time.
The catch is that the concurrent petition is tied to your primary extension. Because your I-94 will already have expired when we file, USCIS can only extend your stay on the concurrent petition if the primary extension is approved. If the primary extension is denied, the extension request on the concurrent petition will be denied as well, and you would need to leave the U.S. and get a new visa stamp to return. Ideally, it is better to get your H-1B extension approved first.
How long will my H-1B be approved for?
Shorter than a normal H-1B, at least at first. The initial petition and the first extension for a controlling owner are each limited to 18 months. Later extensions can be approved for up to three years. The six-year maximum is unchanged.
Plan for the first extension from day one. At that point USCIS will want to see that the company did what the business plan said it would do.
How much do I have to pay myself, and how?
At least the required wage on the LCA, which is the higher of the prevailing wage and the actual wage paid to similar employees. It must be paid as salary through payroll, with withholding, and reported on a W-2. Owner draws and distributions are not wages for H-1B purposes.
How much money does my company need in the bank?
It depends on the case, but the starting point is the salary on the LCA. USCIS needs to see that your company can actually pay you, and the simplest way to show that is a business bank account funded with at least one year of your salary, plus payroll taxes and whatever start-up costs the business plan calls for. Please note the regulation does not require a specific amount for funding. This is our recommendation and is aimed at reducing the risk to your case.
For example, say the prevailing wage for the full-time position is $100,000 a year and you file for 20 hours a week. Your required salary is $50,000. Add roughly 10% for payroll taxes ($5,000), and the company should have at least $55,000 in the account, plus whatever it needs for start-up costs such as equipment, software, office space or marketing.
If you file for a range of hours, such as 15 to 30 hours a week, we generally base the funding on a figure in the middle of that range.
If you have signed contracts, signed letters of intend and can demonstrate that you will start generating revenue from Day 1 you could probably get away with less money in the bank account. We will analyze your situation and advise on the safest strategy.
Does my company need revenue, employees or an office?
There is no minimum revenue or headcount in the regulation. But USCIS has to see a real business that can pay you and real work for you to do. That means executed client contracts or letters of intent, evidence of funding, bank statements and a credible business plan.
A home office can work if you explain how the business operates from home, provide photos, obtain any required home business permit and address future lease plans. Our H-1B Self-Petition Document Checklist lists what we ask clients to gather.
Will USCIS visit my office?
It might. The Modernization Rule codified USCIS’s site visit authority, and a petition can be denied or revoked if the company does not cooperate. Small owner-run companies are natural candidates for a visit. Be at the address on the petition, know what your petition says about your duties and salary, and be able to show the work. Our Platinum package includes site visit assistance.
Can my own company sponsor me for a green card?
In a PERM labor certification, the Department of Labor (DOL) looks closely at whether the employer has made a bona fide attempt to find a U.S. worker. Convincing DOL that you have tried to find someone to replace yourself means obtaining PERM approval is likely to be tough. For founders with a strong record, EB-1A or NIW may be the more realistic path.
Can my spouse and children come with me?
Yes, in H-4 status. Your spouse cannot work on H-4 alone. H-4 work authorization is generally available only after an I-140 has been approved for you or you have received certain extensions beyond six years, which ties back to the green card question above.
Is the H-1B self-petition the right visa for me?
Not always. If you are a national of an E-2 treaty country and are making a substantial investment, E-2 has no lottery and no degree requirement. India and China are not E-2 treaty countries, which is one reason the self-petition has become so popular with Indian founders. If your record supports it, O-1 has no lottery and no 18-month limit for owners. If you run an affiliated company abroad, L-1 may fit better. And if you just need a traditional employer sponsor, see our H-1B Visa Services.
What does an H-1B self-petition cost?
We offer three flat-fee packages: Silver at $3,500 (petition only), Gold at $7,500 (adds LLC formation, a USCIS-aligned business plan and RFE/NOID responses) and Platinum at $9,500 (adds re-filing after denial, site visit assistance and consular support). USCIS and state filing fees are separate. Details are on our H-1B Self-Petition Services page.
If you have any questions regarding the H-1B self-petition or how it could affect your immigration status or workforce, please contact Chris Prescott at cprescott@psbplaw.com.