Turn Your Entrepreneurial Vision into Reality While on H-1B
Start Your Own Business on H-1B
Keep Your Job & Run a Business
Stay Visa Compliant & Secure Growth
Build Towards a Green Card
H-1B Self-Employment Made Simple
Are you currently working in the United States under an H-1B visa but eager to start your own business? Managing a self-employed venture under H-1B status can be complex—yet entirely possible with the right strategy and support. Our specialized services guide you through company formation, visa compliance, and ongoing governance so you can confidently build your dream enterprise in the U.S.
Why Self-Employment on H-1B?
Pursue Your Passion
Go beyond traditional employment to create and lead your own company—enhancing your career and financial potential.
Concurrent Work Options
We pre-screen foreign founders who wish to self-sponsor. Those seeking legal counsel are referred to you, so you handle all immigration strategy, filings, and representation.
Long-Term Growth
Use self-employment to increase earnings, attract investors, and potentially set the stage for a green card in the future (e.g., EB-2, EB-1, EB-5 paths).
What’s the Catch? Overcoming Common H-1B Self-Employment Hurdles
Employer-Employee Relationship
The USCIS requires you to show a genuine employer-employee relationship. Merely being the owner of your business isn’t enough; there must be a governing board or independent authority that can hire, fire, or supervise you.
Sufficient Funding & Wage Compliance
You must demonstrate the ability to pay the prevailing wage for your role. Investors, personal funds, or revenue can all help, but you need proper documentation to prove viability.
Maintaining Status
If you’re still working for your original H-1B employer, you need a concurrent H-1B petition for your startup. Proper structure and filings are critical to avoid status violations.
Our End-to-End H-1B Self-Employment Solutions
Business Formation & Structuring
We help incorporate your U.S. entity (LLC, C-corp, etc.) and set up bylaws or operating agreements that embed a real oversight mechanism—fulfilling USCIS’s “employer-employee” criteria.
Corporate Governance & Board Setup
We recruit or appoint independent directors or advisors who can exercise control over your employment. This essential step reassures USCIS your company isn’t just a front to circumvent H-1B rules.
Financial & Wage Compliance
Our consultants help you compile bank statements, investment letters, or revenue projects—demonstrating that your new business can pay the required wage and remain solvent.
Concurrent H-1B Petitions
Want to keep your current job while starting a company on the side? Our team guides you through filing a second H-1B petition so you can legally work both roles.
Ongoing Support & Amendments
Once approved, we continue to provide compliance services—board meeting records, performance evaluations, or any H-1B extensions/amendments needed as your company grows.
How It Works: A Simple 5-Step Process
Free Consultation
Discuss your current H-1B status, your new venture’s plan, and whether concurrent or full self-sponsorship is your best path.
Entity Formation & Governance
We establish the right corporate structure, ensuring legitimate board oversight and clarifying how you’ll be supervised and potentially replaced if necessary.
Labor Condition Application (LCA)
File an LCA with the DOL, guaranteeing the wage is at or above the local prevailing wage for your position.
H-1B Petition Filing
Our attorneys prepare and submit a robust petition packet, including corporate documents, board resolutions, and evidence of financial readiness.
Post-Approval Support
Keep your business in compliance with monthly or quarterly governance check-ins, payroll audits, and help with any green card strategies down the line.
Frequently Asked Questions
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Yes! Through a concurrent H-1B filing, you can hold two H-1B positions simultaneously—your original employer plus your own newly formed company.
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Owning the entire venture is possible, but you must have a genuine board of directors or similar governing entity with the authority to terminate or change your role. We help set that up.
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Not necessarily. Any legitimate source—personal savings, angel investors, or even small operating revenues—can work if properly documented to show financial viability.
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Timelines vary. After entity formation, filing the LCA, and preparing the H-1B petition, USCIS processing can take a few weeks to several months. Premium processing speeds up the final stage to roughly 15 calendar days.
Take the Leap into H-1B Self-Employment
Experience the freedom of owning and managing your own business in the United States—without forfeiting your legal status. Our proven methods make H-1B self-employment or concurrent filings a reality for foreign professionals who dare to be entrepreneurs.