Can an H-1B visa holder own their sponsoring U.S. Petitioner?

Yes. A company you own—including a company you own entirely—may petition for your H-1B status if the company, position, and your qualifications meet the applicable requirements. Company ownership alone does not authorize you to work for that business. The company must sponsor qualifying employment through the H-1B petition process.

Myers Immigration Law often consults with H-1B professionals about owning a minority or majority interest in their sponsoring U.S. company. This can be particularly relevant for professionals who want to build a business while maintaining a workable immigration strategy.

What Changed for H-1B Business Owners?

The H-1B modernization rule effective January 17, 2025, expressly addressed beneficiary-owned businesses. Earlier advice often emphasized independent boards and another person’s power to hire or fire the owner. Those arrangements should no longer be presented as a universal prerequisite for H-1B owner sponsorship.

A company’s petition remains distinct from an individual petitioning personally. The business must meet the U.S. employer requirements and offer genuine qualifying employment. See the DHS H-1B modernization final rule.

Could a More Restrictive Administration Change the Approach?

Yes. Founders should consider both the requirements in effect when they file and the possibility of changes before a later extension. The Trump Administration, or a future administration, could pursue more restrictive rules or scrutinize the evidence supporting owner-sponsored petitions more closely.

However, the current beneficiary-owner framework is contained in a regulation, rather than merely an FAQ. The final rule expressly removed the former employer-employee relationship language from the definition of a U.S. employer. Restoring an independent-control requirement across the board would ordinarily require a valid regulatory change or another controlling legal development; it should not be described as an existing requirement based solely on a change in administration.

Even without that change, USCIS can examine whether the business offers a genuine specialty-occupation position and whether the proposed arrangement satisfies the applicable requirements. Permission to own the company does not eliminate scrutiny of the job itself.

For conservative planning, review the company’s governance, employment documentation, financial capacity, and actual division of duties. Independent oversight may be worth considering where it serves a legitimate business purpose, but an outside director or minority ownership percentage is neither a universal current requirement nor a guarantee against a future denial. Artificial arrangements that exist only on paper do not provide a sound foundation for the case.

The practical objective is a business and employment arrangement that can be documented accurately at the initial filing and at renewal. See the discussion of the employer-employee relationship in the DHS final rule.

What Is a Controlling Interest?

For these H-1B provisions, a controlling interest means owning more than 50% of the petitioner or holding majority voting rights. Therefore, the percentage of shares alone may not answer the question. Review the company’s voting arrangements as well as its ownership records.

For qualifying controlling owners, the initial petition and first extension are each limited to up to 18 months. These are petition-validity limits, not a guarantee of a particular visa-stamp expiration date. See USCIS H-1B guidance.

The practical consequence is earlier renewal planning. A founder should budget for the next filing and keep evidence of the company’s operations and the founder’s actual work from the beginning.

What Work May the Founder Perform?

A controlling owner may perform duties directly related to owning and directing the business, but must spend a majority of their working time performing the specialty-occupation duties authorized by the petition. The final rule recognizes that founders have business responsibilities alongside their professional work.

A useful starting point is to map the founder’s actual week. What work requires specialized professional knowledge? How much time goes to that work? Who handles sales, administration, and other business functions?

For example, a software-business founder might divide time between technical development and running the company. The petition should explain the real position and anticipated allocation of duties. A title such as “CEO” or “founder” does not, by itself, establish eligibility.

USCIS separately evaluates whether the job qualifies as a specialty occupation and whether the person is qualified for it. A founder’s degree does not make every job in their business an H-1B position. See USCIS’s description of the H-1B program.

Does the Business Have to Pay the Owner a Salary?

Ownership does not remove the employer’s H-1B wage obligations. The employer must pay at least the required wage: generally the higher of the applicable prevailing wage or its actual wage for similarly employed workers with comparable experience and qualifications. See Department of Labor Fact Sheet 62G.

A founder should not assume that equity, future profits, or a willingness to work without pay satisfies those obligations. Payroll must be part of the business’s financial plan. Employer-caused nonproductive time can also carry wage obligations; a lack of available work does not automatically excuse payment. See Department of Labor Fact Sheet 62I.

Before choosing this strategy, evaluate whether the business can support the proposed position while also meeting its operating expenses. A business plan that assumes the founder will take no salary deserves particular attention.

Does Owning the Company Avoid the H-1B Cap?

No. Business ownership does not itself create a cap exemption. A cap-subject petition must follow the applicable registration and selection process. See USCIS’s H-1B registration guidance.

For someone already in H-1B status, prior cap counting, remaining H-1B time, and the proposed employment need separate analysis. A relationship with a university also should not be treated as automatically sufficient for cap exemption. The applicable regulatory requirements must be established. See 8 C.F.R. § 214.2(h).

When Can You Begin Working for Your Company?

Owning an interest in a company and working for it are different questions. H-1B authorization through an existing employer does not automatically cover services performed for a separate startup.

Some eligible H-1B workers can begin new employment under portability rules after a qualifying petition is properly filed. Others must wait for approval or another required immigration step. The start date depends on the person’s status, filing history, and the requested action; it should be resolved before the founder begins providing services. See the H-1B portability provisions in 8 C.F.R. § 214.2(h).

“I am not paying myself yet” is not a reliable way to determine whether an activity constitutes work. Describe the intended activities to counsel, including product development, client services, and day-to-day management.

Planning Beyond the First Approval

Owner sponsorship may reduce a professional’s dependence on an unrelated sponsoring employer, but it does not create indefinite H-1B eligibility or permanent residence. H-1B time limits and any available extensions must be evaluated separately. This is especially important for professionals facing lengthy employment-based immigrant-visa backlogs. See 8 C.F.R. § 214.2(h)(13).

The business decision and immigration decision should be planned together. Consider the intended professional role, cash available for payroll, ownership and voting structure, work-authorization timing, and the long-term permanent-residence strategy before changing employment or committing to a launch date.

For a consultation, useful starting documents include:

• Company formation, ownership, and voting records;
• A description of the proposed duties and time allocation;
• Relevant degrees, evaluations, licenses, and professional history;
• Business plans, available funding, and evidence of actual or planned operations; and
• Current immigration documents and prior H-1B approvals.

This is a planning list, not a complete filing checklist. The appropriate evidence depends on the business and the proposed position. Filing fees, forms, and any applicable entry or consular restrictions should also be checked when preparing the case.

Myers Immigration Law assists professionals and entrepreneurs in evaluating whether H-1B owner sponsorship fits their business plans and immigration history. Contact the firm to discuss an appropriate strategy.