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How to SELF-SPONSOR an H-1B Visa in 2025

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Navigating the H-1B visa process can feel like a maze, especially if you’re aiming to take the unconventional route of self-sponsorship. In 2025, more skilled professionals and entrepreneurs are exploring ways to secure an H-1B visa without relying on a traditional employer.

This guide breaks down the essential steps, requirements, and practical strategies for individuals looking to sponsor themselves, empowering you to take control of your U.S. work authorization journey.

What you’ll learn in this video:

  • What is the H-1B visa
  • How to sponsor yourself for the H-1B Visa
  • Requirements for self-sponsorship
  • Jobs that qualify for self-sponsorship

Overview of the H-1B visa

The H-1B visa is a non-immigrant U.S. visa that allows foreign workers to live and work in the United States in specialty occupations that require theoretical or technical expertise. It is widely used by professionals in fields like technology, engineering, healthcare, and academia.

Key Features

  • Employer-Sponsored: A U.S. employer must petition on your behalf.
  • Specialty Occupation Requirement: The job must require at least a bachelor’s degree or equivalent in a related field.
  • Cap-Subject: Most H-1B visas fall under an annual cap (currently 85,000 per fiscal year, with 20,000 reserved for U.S. advanced degree holders), though certain employers like universities are cap-exempt.
  • Annual H-1B Lottery: Because the number of petitions often exceeds the cap of 85,000 visas (65,000 regular + 20,000 for U.S. advanced degree holders), USCIS conducts a random lottery in March to select petitions for processing. This means that even qualified applicants may not be selected, making the H-1B highly competitive.
  • Dual Intent: H-1B visa holders can apply for a green card while on the visa, making it “dual intent” compatible.

What if I don’t have an employer, can I self-sponsor for the H-1B visa?

Yes—but with important limitations and nuances. The traditional H-1B visa requires a U.S. employer to act as your sponsor. The “self-sponsorship” concept is only possible under very specific circumstances, usually when you can structure a legitimate employer-employee relationship with a company you own.

Founders and entrepreneurs can potentially sponsor themselves if they have a company that:

  • Has the legal authority to hire employees.
  • Can demonstrate the ability to control your employment (i.e., you are not the sole decision-maker if you want it to be credible to USCIS—there must be a legitimate “employer-employee” relationship).
  • Can pay a wage consistent with H-1B requirements.

This is often done by founders of startups who set up a company and establish a board of directors who can act as the “employer” to maintain the required oversight of their employment. Founders and entrepreneurs cannot be the sole decision-maker in the company.

How long will my self-sponsored H-1B visa be valid for?

If you manage to self-sponsor an H-1B visa, the validity period is NOT the same as the standard H-1B visa:

  • Initial Duration: Up to 18 months.
  • Extension: Can be extended for an additional 18 months, for a maximum of 3 years in most cases.
  • Beyond 3 Years: Possible if you have started the green card process and meet certain requirements (like approved I-140 or pending labor certification).

Important nuance for self-sponsorship: USCIS will scrutinize the employer-employee relationship. If the petition is not clearly structured—e.g., if you are the sole owner and no independent oversight exists—the visa could be denied or later revoked, which could affect your status.

Concurrent H-1B for Existing Visa Holders

A concurrent H-1B allows an individual to hold more than one H-1B visa simultaneously, provided each petition is for a legitimate employer and job.

How does this work?

If you already have an H-1B through a traditional employer, you can potentially file a second H-1B petition through your own company (self-sponsorship), as long as all standard H-1B requirements are met.

USCIS requires that each employer maintain a valid employer-employee relationship and that you perform the work listed in the petition.

Benefits:

  • Cap Exemption: If your first H-1B was cap-subject and approved, a concurrent H-1B petition is exempt from the cap, making it easier to file at any time.
  • Start Date Flexibility: You can start the concurrent H-1B employment once USCIS approves the petition; you do not need to wait for your current H-1B to expire.

Practical Tip: Concurrent H-1Bs are often used by entrepreneurs and consultants who want to work for multiple employers legally. Proper legal structuring of your self-sponsored company is critical to avoid petition denial.

Can my company sponsor my Green Card in the future?

The company that you formed to self-sponsor your H-1B visa cannot sponsor you for an employment-based green card through the PERM labor certification process.

Those who wish to self-petition for a green card without a job offer or labor certification must apply for an EB-2 National Interest Waiver—a pathway for individuals with advanced degrees or exceptional ability in their field, or the EB-1A for individuals with extraordinary ability in business.

Alternatives to the H-1B Visa

If you aren’t selected in the H-1B lottery, there are several alternative visa options to continue working in the U.S. One of the most promising is the O-1A visa, designed for individuals with extraordinary ability in business such as talented founders and entrepreneurs.

Unlike the H-1B, the O-1A has no annual cap or lottery, making it accessible year-round for highly accomplished professionals. To qualify, you must demonstrate sustained national or international recognition in your field, such as awards, publications, high-impact projects, or other significant achievements.

Other alternatives include L-1 intra-company transfers, F-1 STEM OPT extensions, or employment with H-1B cap-exempt organizations, offering multiple pathways to continue your U.S. career.

Will I need to pay the $100,000 H-1B Entry Fee?

If you are already in the U.S. on a valid status, you do not need to pay the newly announced $100,000 entry fee.

The $100,000 fee also does not apply to petitions filed on or after September 21, 2025, requesting an amendment, change of status, or extension of stay (including a change of employer petition that requests an extension of stay) for an H-1B worker inside the United States if USCIS approves such amendment, change or extension. 

The Bottom Line

Self-sponsoring an H-1B visa in 2025 is a challenging but achievable path for entrepreneurs and skilled professionals willing to navigate the legal requirements carefully.

By structuring a legitimate employer-employee relationship, understanding the validity and limitations of self-sponsored H-1Bs, and exploring options like concurrent H-1Bs or alternative visas such as the O-1A, you can maintain flexibility in your U.S. career.

While the process requires careful planning and scrutiny from USCIS, self-sponsorship empowers you to take control of your career and create opportunities that align with your professional goals.

Contact Us. If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.

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