Can I Incorporate and Sponsor My Own H-1B in 2026?
Yes — you can incorporate a U.S. company now and use it to sponsor your own H-1B lottery registration if the company is a real U.S. employer, the role is a qualifying specialty occupation (with 51%+ specialty duties), and the company can document wage/payment and a bona fide employer-employee relationship. For controlling owners, USCIS generally limits approval to 18 months, then 18 months, then potentially 3 years.
Many are asking, can I incorporate and sponsor my own H-1B in the U.S.?
Many individuals wonder, can I incorporate and sponsor my own H-1B while ensuring compliance with all regulations?
The question, can I incorporate and sponsor my own H-1B, is becoming increasingly relevant as more entrepreneurs seek to navigate the H-1B process on their own.
Official rule (Federal Register): Modernizing H-1B Requirements (Dec. 18, 2024)
Understanding how can I incorporate and sponsor my own H-1B can help you build a compliant application.
1) The Big Change: Self-Sponsored H-1B Is Now “Real” Law, Not a Hack
Herman Legal Group explains that DHS/USCIS formally modernized the H-1B framework to accommodate entrepreneurs and startups, including owner-beneficiaries, while still requiring real compliance and evidence. H1B for Entrepreneurs and Startups (Self-Sponsorship)
Key rule concepts you must build around:
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No independent board requirement as a strict prerequisite (but USCIS still evaluates real control/employment structure).
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Specialty occupation doesn’t need to be 100% of duties — it’s workable if 51%+ of duties require specialized, degree-linked knowledge.
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Validity is staged for controlling owners: 18 months → 18 months → 3 years (if the company and role remain compliant).
2) March 2026 Reality: The Lottery Window Is a Compliance Event Now
If your company is cap-subject and you want to enter the FY2027 season, HLG’s current registration guidance emphasizes that employers must treat registration as a strategic/legal filing—not clerical data entry.
So, can I incorporate and sponsor my own H-1B? The answer lies in the details of your business structure and role.
HLG registration guide for the March 2026 window:
“How to Register for H-1B Lottery 2027” (March 4–19, 2026)
Supporting HLG timing + employer rules context:
“H-1B Lottery 2026: Wage, Job, & Timing Rules for Employers”
3) “I incorporated yesterday.” What USCIS will look for after selection
Incorporation can be fast. Credibility cannot.
Even if you register successfully, the real test is the petition after selection—especially for founders. Expect USCIS to pressure-test:
A. Is this a real U.S. employer?
You should be able to document basics like:
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entity formation + EIN
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active business bank account
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contracts, revenue, or capitalization
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operational activity (clients, product roadmap, vendor payments, etc.)
(Framework and evidence expectations are discussed in HLG’s entrepreneur guide.)
“H1B for Entrepreneurs and Startups (Self-Sponsorship)”
B. Can the company pay the wage?
Ability to pay must be credible for the proffered wage level. Thin capitalization + aggressive wage claims can backfire.
C. Is the role really “specialty” (51%+ of duties)?
Founder roles often mix tasks. Under the modernization rule, you must show the majority of duties are specialty-level and tied to a degree field (e.g., software engineering, data science, engineering, etc.), even if some duties are operational.
D. Employer-employee structure (without “fake” governance)
No independent board is required as a checkbox, but USCIS still wants evidence the company—not you personally—controls the employment terms in a meaningful way (supervision, performance expectations, pay, termination authority, etc.).
4) Lottery odds and “safe maximization” for founders
HLG’s strategy point that matters most here: founder filings get extra scrutiny, so any attempt to “optimize odds” must remain defensible.
Thus, ensuring you can incorporate and sponsor my own H-1B effectively is crucial for success.
Verified HLG strategy article:
“Can Employers Increase H-1B Lottery Odds 2027?”
Founder-safe takeaways (aligned with HLG’s compliance-first approach):
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Wage strategy must match the job’s real complexity and the company’s ability to pay.
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Documentation discipline must be locked before registration opens, because you can’t “paper over” inconsistencies later.
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Selection ≠ approval. Prepare as if an RFE is likely.
5) When self-sponsoring through a new company is most likely to work
When pondering can I incorporate and sponsor my own H-1B, consider the funding and operational capabilities of your company.
This pathway is strongest when:
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you have funding, revenue, or signed contracts
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you have a clearly specialty-heavy role (51%+ specialty duties)
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your company can show real operations and payroll capability
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your narrative is consistent across registration → LCA → petition
It’s weakest when:
Ultimately, the goal of asking, can I incorporate and sponsor my own H-1B, is to secure your future in the U.S.
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the company exists mainly to file the lottery
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the role is vague (“Founder/CEO” without specialty substance)
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wages look engineered without the financials to support them
6) Practical next step: build a “petition-ready” company before March
HLG’s March 2026 registration guidance emphasizes early preparation. Use these two as your internal linking spine:
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How to Register for H-1B Lottery 2027 (March 4–19, 2026)
The path of can I incorporate and sponsor my own H-1B is filled with important considerations.
And for the self-sponsored/legal foundation:
Frequently Asked Questions
Self-Sponsored H-1B Through a Newly Formed Company (2026 Edition)
1. Can I create a company and sponsor my own H-1B?
Yes. Under the December 2024 H-1B Modernization Rule, a U.S. company you control may sponsor you for H-1B status if:
Wondering how can I incorporate and sponsor my own H-1B? There are several requirements you must meet.
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The company is a real, operating U.S. entity
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A bona fide employer-employee relationship exists
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The job qualifies as a specialty occupation
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The company can pay the prevailing wage
However, simply forming an LLC for registration purposes without real business operations can lead to denial after selection.
2. Do I need an independent board of directors to sponsor myself?
To answer the question, can I incorporate and sponsor my own H-1B, you must ensure regulatory compliance.
No. The modernization rule does not require an independent board.
However, USCIS still requires proof that the company — not you personally — controls the employment relationship. Corporate governance documents, payroll structure, and operational evidence must demonstrate that the company can hire, supervise, and terminate you as an employee.
3. Does my job need to be 100% specialty occupation work?
No. The role qualifies if at least 51% of the job duties require specialized knowledge tied to a specific bachelor’s degree field.
Founders often perform mixed duties. As long as the majority of duties are technical or specialty in nature, the position may qualify.
4. How long is the H-1B approval for controlling owners?
For beneficiaries with controlling ownership:
For those considering: can I incorporate and sponsor my own H-1B, the role of the employer-employee relationship is vital.
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Initial approval is generally 18 months
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A second 18-month extension may be granted
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After that, USCIS may approve up to 3 years
This means founders must plan early for extension filings and ongoing documentation.
5. Can I incorporate right before the March H-1B lottery?
Yes, but the company must be operational and credible.
USCIS evaluates the petition after selection. If the company lacks funding, contracts, payroll setup, or real business activity, the case may be denied even if selected in the lottery.
When you ask, can I incorporate and sponsor my own H-1B, think about the operational integrity of your business.
Preparation must occur before registration opens.
6. What documents should a new company have before registering?
A startup planning to sponsor its founder should have:
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Articles of incorporation or organization
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EIN
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Business bank account
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Operating agreement or bylaws
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Business plan
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Funding documentation or contracts
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Draft job description aligned with specialty occupation
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Wage analysis
Waiting until after lottery selection to build documentation increases risk.
7. Can offering a higher wage improve my lottery chances?
Understandably, so many are asking, can I incorporate and sponsor my own H-1B during this busy season.
Potentially, yes — under the wage-weighted lottery system.
However:
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The wage must match the complexity of the role
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The company must have the financial ability to pay it
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Artificial wage inflation can trigger scrutiny
Founders should align wage level with genuine job complexity and company scale.
8. What is the biggest risk of self-sponsoring through a new company?
The biggest risk is lack of business substance.
Answering the question, can I incorporate and sponsor my own H-1B requires thorough preparation and documentation.
USCIS may deny petitions where:
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The company appears to exist solely to file the lottery
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There is no real revenue or capitalization
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The job description is vague
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Corporate governance lacks structure
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Wage level is inconsistent with company finances
Self-sponsorship requires real entrepreneurship, not paper formation.
9. What happens if my self-sponsored H-1B is denied?
For more clarity on can I incorporate and sponsor my own H-1B, consider consulting an immigration lawyer.
If denied:
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You lose that lottery opportunity for the fiscal year
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You may need to wait for the next cap season
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Alternative visa options (O-1, E-2, L-1, etc.) may need to be evaluated
This is why pre-registration structuring is critical.
10. Is self-sponsorship more heavily scrutinized than traditional H-1Bs?
Asking, can I incorporate and sponsor my own H-1B shows initiative, but it requires deep understanding of the process.
Yes.
Owner-beneficiary petitions receive closer review because USCIS must ensure the employment relationship is genuine.
Expect potential Requests for Evidence (RFEs) focused on:
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Employer-employee relationship
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Ability to pay
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Specialty occupation qualification
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Business viability
Proper preparation reduces but does not eliminate scrutiny.
11. Can a single-member LLC sponsor its owner for H-1B?
Every entrepreneur should ask, can I incorporate and sponsor my own H-1B to ensure they are on the right track.
It can, but documentation is critical.
USCIS will look closely at:
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How the LLC operates
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Who controls employment decisions
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Whether the entity is separate from the individual
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Whether payroll and corporate formalities are maintained
Single-member structures require especially strong documentation.
12. Should I wait until my company is generating revenue before filing?
Not necessarily — but you must show ability to pay.
When drafting your plan, think about how you will answer, can I incorporate and sponsor my own H-1B effectively?
Startups backed by investor capital or documented funding may qualify even before revenue generation. However, unfunded entities with no capital face higher risk.
Ready to Incorporate and Sponsor Your Own H-1B?
If you’re asking “can I incorporate and sponsor my own H-1B?”, you’re already thinking strategically.
The difference between approval and denial in a self-sponsored H-1B case often comes down to:
- How your company is structured
- Whether your role clearly meets the 51% specialty occupation standard
- Whether your wage level is defensible
- Whether your employer-employee relationship is documented properly
- Whether your company is petition-ready before March registration
Founder cases receive heightened scrutiny. The March H-1B lottery window is short. Mistakes made at registration cannot be fixed after selection.
Build a Petition-Ready Company — Before You Register
At Herman Legal Group, we help founders:
✔ Structure their startup for H-1B compliance
✔ Draft specialty-occupation job descriptions that survive RFEs
✔ Align wage level with real complexity and business scale
✔ Prepare documentation before lottery registration
✔ Anticipate and neutralize USCIS scrutiny
We treat registration as a legal strategy event, not a clerical submission.
Schedule a Founder H-1B Strategy Consultation
If you are planning to:
- Incorporate now for the March 2026 lottery
- Register through your own company
- Sponsor yourself as a controlling owner
- Increase lottery odds safely
- Avoid denial after selection
You need a defensible structure before filing.
👉 Schedule your consultation here:
https://www.lawfirm4immigrants.com/book-consultation/
Why Act Now?
Self-sponsored H-1B filings require:
- Corporate structuring
- Wage analysis
- Job duty breakdown (51%+ specialty requirement)
- Governance documentation
- Compliance planning
Waiting until after lottery selection significantly increases risk.
If you’re serious about incorporating and sponsoring your own H-1B, start building the case now — not after USCIS asks questions.
Herman Legal Group
Over 30 years of experience guiding entrepreneurs, professionals, and founders through complex U.S. immigration strategy.
Self-Sponsored H-1B & H-1B Lottery Resource Directory
Founder + Employer Compliance Hub
This curated directory includes verified Herman Legal Group resources and official U.S. government sources relevant to:
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Self-sponsored / founder H-1B cases
The resources provided answer the question: can I incorporate and sponsor my own H-1B in various scenarios.
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March lottery registration
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Wage-based selection strategy
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Specialty occupation requirements
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LCA compliance
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Regulatory authority
Ultimately, anyone considering can I incorporate and sponsor my own H-1B must be well-prepared and informed.
I. Herman Legal Group Core Guides
Self-Sponsored / Founder H-1B
Comprehensive guide explaining how founders and startup owners can structure H-1B petitions under the modernized framework, including employer-employee analysis and documentation strategy.
H-1B Lottery Registration Strategy
In conclusion, if you’re asking can I incorporate and sponsor my own H-1B, the answer lies within your preparation.
Step-by-step breakdown of electronic registration, employer responsibilities, and March filing strategy.
Overview of registration mechanics, eligibility requirements, and cap process fundamentals.
Wage & Lottery Optimization Strategy
Explains how job design, wage level, and timing affect lottery compliance and post-selection approval risk.
Compliance-first approach to wage-based lottery strategy and risk mitigation.
II. Primary Legal Authority (Federal Register)
H-1B Modernization Rule (December 18, 2024)
Primary regulatory authority confirming:
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Owner/beneficiary eligibility
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51% specialty occupation clarification
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18-month initial validity for controlling owners
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Structural flexibility for founders
This is the governing legal text for self-sponsored H-1B analysis.
III. USCIS Official H-1B Program Guidance
Electronic Registration System
Explains:
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Employer account creation
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Registration timing
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Selection notifications
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Next steps after selection
H-1B Cap Season Overview
High-level explanation of:
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Regular cap
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Advanced degree exemption
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Filing deadlines
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Post-selection petition process
Specialty Occupation Overview
Official explanation of:
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Specialty occupation definition
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Degree requirement
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Validity periods
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Employer obligations
USCIS Policy Manual
Primary interpretive guidance used by adjudicators for H-1B cases.
IV. Department of Labor (Wage & LCA Compliance)
Prevailing Wage Search (OEWS Data)
Essential for:
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Determining wage levels (I–IV)
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Justifying wage strategy
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Aligning job complexity with prevailing wage
Labor Condition Application (LCA)
Explains:
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LCA filing requirements
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Posting requirements
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Wage attestation obligations
H-1B Notice Requirements
Clarifies employer posting obligations and compliance responsibilities.
V. Oversight & Policy Research
Government Accountability Office
Discusses federal oversight and enforcement structures.
Congressional Research Service
Neutral, policy-focused analysis of the H-1B program’s structure and debates.
Pew Research Center
Accessible data analysis on usage trends and labor market context.
VI. Practical Use of This Directory
This directory supports:
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Founder self-sponsorship structuring
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Wage level alignment before registration
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Specialty occupation duty drafting
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LCA compliance
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Lottery risk mitigation
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Petition readiness after selection
For founders, the correct workflow is:
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Structure the company properly
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Draft a defensible specialty occupation role
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Confirm wage level using DOL data
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Register during March window
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Prepare petition documentation immediately after selection
