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.
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:
No independent board requirement as a strict prerequisite (but USCIS still evaluates real control/employment structure).
Specialty occupation doesn’t need to be 100% of duties — it’s workable if 51%+ of duties require specialized, degree-linked knowledge.
Validity is staged for controlling owners: 18 months → 18 months → 3 years (if the company and role remain compliant).
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”
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:
You should be able to document basics like:
entity formation + EIN
active business bank account
contracts, revenue, or capitalization
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)”
Ability to pay must be credible for the proffered wage level. Thin capitalization + aggressive wage claims can backfire.
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.
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.).
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):
Wage strategy must match the job’s real complexity and the company’s ability to pay.
Documentation discipline must be locked before registration opens, because you can’t “paper over” inconsistencies later.
Selection ≠ approval. Prepare as if an RFE is likely.
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:
you have funding, revenue, or signed contracts
you have a clearly specialty-heavy role (51%+ specialty duties)
your company can show real operations and payroll capability
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.
the company exists mainly to file the lottery
the role is vague (“Founder/CEO” without specialty substance)
wages look engineered without the financials to support them
HLG’s March 2026 registration guidance emphasizes early preparation. Use these two as your internal linking spine:
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:
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.
The company is a real, operating U.S. entity
A bona fide employer-employee relationship exists
The job qualifies as a specialty occupation
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.
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.
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.
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.
Initial approval is generally 18 months
A second 18-month extension may be granted
After that, USCIS may approve up to 3 years
This means founders must plan early for extension filings and ongoing documentation.
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.
A startup planning to sponsor its founder should have:
Articles of incorporation or organization
EIN
Business bank account
Operating agreement or bylaws
Business plan
Funding documentation or contracts
Draft job description aligned with specialty occupation
Wage analysis
Waiting until after lottery selection to build documentation increases risk.
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:
The wage must match the complexity of the role
The company must have the financial ability to pay it
Artificial wage inflation can trigger scrutiny
Founders should align wage level with genuine job complexity and company scale.
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:
The company appears to exist solely to file the lottery
There is no real revenue or capitalization
The job description is vague
Corporate governance lacks structure
Wage level is inconsistent with company finances
Self-sponsorship requires real entrepreneurship, not paper formation.
For more clarity on can I incorporate and sponsor my own H-1B, consider consulting an immigration lawyer.
If denied:
You lose that lottery opportunity for the fiscal year
You may need to wait for the next cap season
Alternative visa options (O-1, E-2, L-1, etc.) may need to be evaluated
This is why pre-registration structuring is critical.
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:
Employer-employee relationship
Ability to pay
Specialty occupation qualification
Business viability
Proper preparation reduces but does not eliminate scrutiny.
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:
How the LLC operates
Who controls employment decisions
Whether the entity is separate from the individual
Whether payroll and corporate formalities are maintained
Single-member structures require especially strong documentation.
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.
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:
Founder cases receive heightened scrutiny. The March H-1B lottery window is short. Mistakes made at registration cannot be fixed after selection.
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.
If you are planning to:
You need a defensible structure before filing.
👉 Schedule your consultation here:
https://www.lawfirm4immigrants.com/book-consultation/
Self-sponsored H-1B filings require:
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.
Over 30 years of experience guiding entrepreneurs, professionals, and founders through complex U.S. immigration strategy.
This curated directory includes verified Herman Legal Group resources and official U.S. government sources relevant to:
Self-sponsored / founder H-1B cases
The resources provided answer the question: can I incorporate and sponsor my own H-1B in various scenarios.
March lottery registration
Wage-based selection strategy
Specialty occupation requirements
LCA compliance
Regulatory authority
Ultimately, anyone considering can I incorporate and sponsor my own H-1B must be well-prepared and informed.
Comprehensive guide explaining how founders and startup owners can structure H-1B petitions under the modernized framework, including employer-employee analysis and documentation 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.
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.
Primary regulatory authority confirming:
Owner/beneficiary eligibility
51% specialty occupation clarification
18-month initial validity for controlling owners
Structural flexibility for founders
This is the governing legal text for self-sponsored H-1B analysis.
Explains:
Employer account creation
Registration timing
Selection notifications
Next steps after selection
High-level explanation of:
Regular cap
Advanced degree exemption
Filing deadlines
Post-selection petition process
Official explanation of:
Specialty occupation definition
Degree requirement
Validity periods
Employer obligations
Primary interpretive guidance used by adjudicators for H-1B cases.
Essential for:
Determining wage levels (I–IV)
Justifying wage strategy
Aligning job complexity with prevailing wage
Explains:
LCA filing requirements
Posting requirements
Wage attestation obligations
Clarifies employer posting obligations and compliance responsibilities.
Discusses federal oversight and enforcement structures.
Neutral, policy-focused analysis of the H-1B program’s structure and debates.
Accessible data analysis on usage trends and labor market context.
This directory supports:
Founder self-sponsorship structuring
Wage level alignment before registration
Specialty occupation duty drafting
LCA compliance
Lottery risk mitigation
Petition readiness after selection
For founders, the correct workflow is:
Structure the company properly
Draft a defensible specialty occupation role
Confirm wage level using DOL data
Register during March window
Prepare petition documentation immediately after selection
CLEVELAND (HEADQUARTER)
© Copyright 2025, HLG, LLC. All Rights Reserved
