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H-1B beneficiary-owner rules

Can you self-sponsor an H-1B?

Yes, a beneficiary-owned US business can petition for its owner if the company and position meet the H-1B rules. It is not a personal self-petition, and ownership does not waive the specialty-occupation, LCA, wage, or filing requirements.

Founder and owner context

Controlling interest

>50% or voting majority

Specialty duties

Majority of time

First two periods

Up to 18 months each

As of , H-1B “self-sponsorship” means a separate US business petitions for a worker who owns or controls it; the individual does not file an H-1B petition in a personal capacity.

DHS beneficiary-owner ruleUSCIS Form I-129 instructionsDOL H-1B wage rules

Page updated: . Last verified: . Date retrieved: . This guide summarizes public rules for research and is not legal advice or a case-specific eligibility opinion.

Rule-to-evidence matrix

Five checks that separate a viable petition from the phrase “self-sponsor”

Each row connects the current government standard to records a founder can discuss with qualified counsel. The evidence examples are a research checklist, not an exhaustive USCIS filing list.

Query: H-1B self sponsor
1

A separate US business is the petitioner

Official standard
The individual does not petition in a personal capacity. A US business entity must make a bona fide job offer, have a legal US presence, be amenable to service of process, and have an IRS tax identification number.
Evidence to review
Entity-formation and governance records, EIN documentation, the job offer, and records showing that the position and business are bona fide when filed.
Common mistake
Treating company ownership by itself as an H-1B classification or work authorization.
2

Controlling interest has a defined threshold

Official standard
The beneficiary has a controlling interest when they own more than 50% of the petitioner or hold majority voting rights. Governing documents matter when voting rights differ from equity ownership.
Evidence to review
Cap table, operating agreement or bylaws, share classes, voting provisions, and amendments that show ownership and voting control at filing.
Common mistake
Looking only at percentage ownership while ignoring majority voting rights.
3

Specialty-occupation work must remain the majority

Official standard
A controlling beneficiary-owner may perform duties directly related to owning and directing the business, but must perform the petition's specialty-occupation duties a majority of the time.
Evidence to review
A specific duty breakdown with expected time percentages, the degree-field connection, work product, contracts, and records supporting a real specialty-occupation position.
Common mistake
Using a founder title without showing what qualifying specialty work occupies most of the role.
4

LCA and required-wage rules still apply

Official standard
The LCA must correspond to the H-1B petition. DOL requires at least the higher of the actual wage paid to similar workers or the prevailing wage for the occupation and area.
Evidence to review
Certified LCA, worksite and occupational classification, prevailing-wage basis, payroll plan, and the company's actual-wage comparison where applicable.
Common mistake
Assuming equity, a founder salary, or limited startup cash waives the required-wage obligation.
5

The first two validity periods are shorter

Official standard
For a beneficiary with a controlling interest, the initial approval and first extension are each limited to up to 18 months. Later extensions may be approved for up to three years if all requirements remain satisfied.
Evidence to review
Approval dates, ownership and voting changes, extension timing, and updated evidence that the business, position, duties, and wage obligations remain bona fide.
Common mistake
Planning around a standard three-year initial approval for a controlling beneficiary-owner.

What the rule changed

Founder duties are allowed, but the specialty role still controls

The beneficiary-owner framework recognizes that founders perform mixed duties without turning every founder position into a specialty occupation.

Majority-time safeguard
Allowed owner duties

DHS gives examples such as finding investors, signing leases, negotiating contracts, developing a business plan, working with suppliers, and hiring talent.

The majority-time test

Those owner duties can be part of the role, but the beneficiary must spend more than half their time on the specialty-occupation duties described in the petition.

No automatic work permission

Forming or owning the company does not itself authorize work. The business needs an approved petition or another applicable employment-authorization basis before the work begins.

Official-source trail

Primary records behind the beneficiary-owner checklist

The 2024 DHS final rule took effect January 17, 2025. USCIS then revised Form I-129 instructions to collect controlling-interest information and explain the shorter validity periods.

Verified July 20, 2026
DHS H-1B modernization final rule (89 FR 103054)Defines the US employer, controlling-interest, majority-time specialty-duty, bona fide position, and 18-month validity safeguards.Date retrieved: USCIS Form I-129 instructions — H-1B beneficiary-ownersTells Form I-129 petitioners how to report controlling ownership and notes the initial and first-extension 18-month limits.Date retrieved: DOL WHD H-1B program pageExplains the specialty-occupation program and the required wage: the higher of the employer's actual wage or the occupation's prevailing wage.Date retrieved:

Continue researching

Connect the owner rule to wages, fees, and filing data

The beneficiary-owner rule is only one layer. Use the related guides to check wage obligations, filing-cost components, and public employer records.

H-1B sponsor cost guideReview government filing components and worker-charge rules that can apply alongside a beneficiary-owner petition.H-1B required wage guideSeparate the prevailing-wage and actual-wage tests from salary rows found in public LCA data.H-1B sponsor checkerResearch whether an existing company name appears in official DOL LCA disclosure records.LCA and PERM database lookupSearch public DOL disclosure rows by employer, role, SOC code, worksite, or case status.

Immigration eligibility is fact-specific. Ownership, corporate structure, duties, worksite, cap posture, status, wage, and filing timing can change the analysis. Use the official sources above and qualified immigration counsel for a real petition.

FAQ

Common questions

Can I self-sponsor an H-1B visa?

A beneficiary-owned US business can file an H-1B petition for its owner, but this is not a personal self-petition. The separate business must qualify as the US employer, offer a bona fide specialty-occupation position, file a corresponding LCA, meet the wage rules, and satisfy every other applicable H-1B requirement.

Can my own LLC sponsor my H-1B?

Potentially. USCIS does not exclude an LLC merely because the beneficiary owns it. The LLC still must be a real US petitioner with an EIN and bona fide job offer, and the record must establish the specialty-occupation role, qualifying degree relationship, LCA, wage, and other case-specific requirements.

What counts as controlling interest for H-1B self-sponsorship?

The current beneficiary-owner rule defines controlling interest as owning more than 50% of the petitioning entity or holding majority voting rights. Voting rights can depend on bylaws, operating agreements, and share classes, so the equity percentage is not always the whole control analysis.

How long is a beneficiary-owner H-1B approval?

When the beneficiary has a controlling interest, the initial approval is limited to up to 18 months and the first extension is also limited to up to 18 months. Later extensions may be approved for up to three years if the petition continues to satisfy all H-1B requirements.

Does H-1B self-sponsorship avoid LCA or prevailing-wage rules?

No. The beneficiary-owner framework does not waive the LCA or required-wage rules. DOL requires the employer to pay at least the higher of the actual wage paid to similarly qualified workers or the prevailing wage for the occupation in the area of intended employment.