Is Self-Employment Permitted on an H-1B Visa?

The short answer is, no.  However, you could (and many people have) establish a new company (or non-profit entity) that will hire you as an employee and sponsor you for an H-1B visa.  The position must meet all of the normal H-1B requirements.

It must be in a ‘specialty occupation’; meaning an occupation that normally one cannot enter without possessing at least a university degree in the specialty, or in a related field.  In addition, the company will have to pay you, the employee, a salary that meets the prevailing wage requirement.  And yes, the company will need to pay payroll taxes on your salary.  When an H-1B sponsor is a brand new company, you’ll want to demonstrate that it has sufficient capital to pay the proffered wage.

Additionally, it’s important to adequately explain to Immigration what the business model of the new entity is.  Submitting a well-written business plan can help, as will evidence of revenue or contracts with customers.  Lastly, although there is no regulatory requirement to have a physical office in the H-1B context, it is helpful to have at least part-time or virtual office space and to submit an office lease along with the other evidence in the petition.

Tags: H-1B, new office, prevailing wage, self-employment, specialty occupation, visa
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