Essential Documents for a Self-Sponsored H-1B Petition
A self-sponsored H-1B (typically through a self-owned company) requires additional documentation beyond a traditional employer-sponsored H-1B to demonstrate that the petitioning company is legitimate and that there is a true employer-employee relationship. Below are the key documents needed:
1. Documents Related to the Company (Petitioner)
To prove the legitimacy of the company sponsoring the H-1B, you will need:
Company Formation Documents
Articles of Incorporation (for a corporation) or Articles of Organization (for an LLC)
EIN Confirmation Letter from the IRS
Operating Agreement (for an LLC) or Bylaws (for a corporation)
Shareholder or Ownership Agreement (if applicable)
Shareholder or Ownership Agreement (if applicable)
Proof of Business Operations
Business license (if applicable)
Office lease agreement or virtual office rental contract
Website, business cards, and marketing materials
Client contracts or letters of intent (if applicable)
Business bank account statements showing operational funds
Employer Identification Numbers & Registrations
Employer Identification Number (EIN) from the IRS
State Employer Tax Registration (if hiring employees)
Payroll & Employee Structure
Proof that the company can pay the required prevailing wage (e.g., financial statements, payroll records, IRS Form 941 if applicable)
Organizational chart showing the company structure and your role within it
Job descriptions for any existing employees
Board of Directors or Supervisory Structure
Proof that the company has a board of directors or an independent supervisor who can exercise control over your employment (USCIS often scrutinizes this for self-sponsored petitions)
2. Documents Related to the Applicant (Beneficiary)
To prove eligibility for the H-1B:
Educational Qualifications
Degree certificates (Bachelor’s or higher in a specialty occupation)
Academic transcripts
Educational evaluation (if degree is from a foreign institution)
Work Experience & Specialized Skills
Letters from past employers verifying relevant experience
Certifications related to the specialty occupation
Resume/CV
H-1B Job Offer Letter
A detailed employment offer letter from your company stating:
Job title and duties
Salary (must meet or exceed the prevailing wage)
Work location
Terms of employment
Labor Condition Application (LCA) from the U.S. Department of Labor
Must be filed and approved before submitting the H-1B petition
Must reflect the prevailing wage for the role
Evidence of Employer-Employee Relationship
Documents proving that someone in the company has the ability to hire, fire, or supervise your work (such as board resolutions, employment contracts, or a letter from an independent director)
3. Additional Documents (If Applicable)
Contracts with Clients or Investors (If the company is a service provider or has funding)
Business Plans & Financial Projections (If the company is newly formed)
Copies of Past Immigration History (Visa approvals, I-94, etc., if currently in the U.S.)
Challenges in Self-Sponsoring an H-1B
Employer-Employee Relationship: USCIS is strict about ensuring that the beneficiary does not have complete control over their employment, meaning the company must have a separate decision-maker (e.g., board of directors, co-owner).
Company Viability: If it’s a new company, USCIS may scrutinize its ability to pay wages and sustain the position.
4. Typical Fees for a Self-Sponsored H-1B (Self-Owned Company Sponsorship)
A self-sponsored H-1B, where an individual owns their own company and sponsors themselves, incurs the same USCIS government fees as a traditional employer-sponsored H-1B, but with additional legal and business setup costs.
1. USCIS Filing Fees (Government Fees)
| Fee Type | Amount | Notes |
|---|---|---|
| H-1B Registration Fee | $10 | Required for lottery entry (non-refundable). |
| I-129 Petition Filing Fee | $460 | Paid after selection in the lottery. |
| Fraud Prevention and Detection Fee | $500 | Only for the first H-1B petition. |
| ACWIA Fee (Training Fee) | $750 (≤25 employees) / $1,500 (>25 employees) | For companies with 26+ employees, the fee is $1,500. |
| Premium Processing Fee (Optional) | $2,805 | USCIS processes within 15 calendar days. |
| Public Law 114-113 Fee (Large Employers Only) | $4,000 | Only applies to employers with 50+ employees where at least 50% are on H-1B or L-1 visas. |
Minimum Total USCIS Fees (if selected in lottery & small company):
$1,720 ($10 + $460 + $500 + $750)
$4,525 if using premium processing
2. Business Formation Costs
| Expense | Typical Cost | Notes |
|---|---|---|
| Company Registration (LLC or Corporation) | $100 - $500 | Varies by state. |
| Registered Agent Fee (if applicable) | $50 - $300 | Some states require a registered agent. |
| Business License (if needed) | $50 - $500 | Depending on location and industry. |
| Operating Agreement & EIN (IRS) | $0 - $250 | EIN is free via IRS, but an operating agreement may require legal drafting. |
Estimated Business Setup Costs:
$200 - $1,000+ depending on state and setup needs.
3. Legal Fees (Attorney & Compliance Costs)
| Expense | Typical Cost | Notes |
|---|---|---|
| H-1B Legal Fee (Attorney Fees) | $3,000 - $7,000+ | Depending on complexity & law firm. |
| Business Structure & Employer-Employee Control Setup | $1,000 - $3,000 | Required to establish separation of roles. |
| LCA (Labor Condition Application) Filing Assistance | $500 - $1,500 | Usually included in legal fees. |
| Business Plan (for USCIS Scrutiny) | $500 - $2,000 | Helps justify employer’s ability to pay. |
Estimated Legal Costs:
$4,000 - $10,000+ (if hiring an immigration attorney for a strong petition).
4. Additional Business Costs
| Expense | Typical Cost | Notes |
|---|---|---|
| Payroll Processing & Taxes | Varies | Payroll services for tax compliance. |
| Office Lease or Virtual Address | $50 - $500/month | USCIS may ask for office proof. |
| Website & Marketing Materials | $100 - $1,000 | Helps show legitimacy. |
Total Estimated Costs for Self-Sponsored H-1B
| Category | Estimated Cost Range |
|---|---|
| USCIS Filing Fees | $1,720 - $4,525 |
| Business Setup Fees | $200 - $1,000+ |
| Legal & Compliance Fees | $4,000 - $10,000+ |
| Operational Costs | $500 - $3,000+ (varies) |
| Total Estimated Costs | $6,420 - $18,525+ |
What If You Don’t Get Selected in the Lottery?
If you don’t get selected, you only pay for:
The H-1B Registration Fee ($10).
The business setup costs (if already incurred).
Any legal fees paid upfront.
Some law firms charge non-refundable legal fees regardless of selection, while others only charge after lottery selection.
Conclusion
Self-sponsoring an H-1B visa through your own company is a complex but achievable process. By ensuring compliance with USCIS requirements, structuring your business properly, and preparing strong documentation, you can increase your chances of approval.
If you're considering self-sponsorship, take the next step by ensuring your business is structured correctly and all required documents are in place.