Game-Changer for Indian Startup Founders: Self-Sponsor Your H-1B to Build in America

By Vikrant Singh, July 03, 2025

Big news for India’s booming startup ecosystem: founders now have a powerful new pathway to launch and scale their businesses in the United States — by self-sponsoring their own H-1B visas.

Thanks to updated guidance from the US Department of Homeland Security (DHS), rolled out in early 2025, entrepreneurs who own at least 50% of a US-based company can now act as both employer and visa beneficiary, provided they meet specific legal requirements.

“If more entrepreneurs are able to obtain H-1B status to develop their business enterprise, the US could benefit from the creation of jobs, new industries, and new opportunities,” the DHS explained in its policy memo.

✅ Register a legitimate US businessThe company must be properly incorporated in the US and act as a real, functioning employer. The founder’s role must meet the definition of a “specialty occupation” — typically one that requires a bachelor’s degree or higher.

✅ Establish a true employer–employee relationshipEven if you own the company, the business must have an independent board of directors or other structure with the legal authority to supervise, evaluate, or terminate you. This ensures the job is controlled by the employer, not solely by you.

✅ Navigate the H-1B lottery (if required)Unless your company qualifies for an exemption (such as nonprofit or research status), you’ll need to register in the annual H-1B lottery, which allots 85,000 spots per year.

✅ Meet wage and funding requirementsYour company must demonstrate the financial capacity to pay you at or above the prevailing wage for the role.

✅ File a complete petitionYou’ll submit Form I-129 with proof of the company’s viability, your specialized role, and the real employer–employee structure. If approved, you’ll receive an initial three-year H-1B term, renewable for another three years. Further extensions are possible if you apply for a green card.

Why this is a breakthrough

Previously, founders who dreamed of starting their own ventures in the US often had no choice but to work for someone else to qualify for an H-1B visa. High-profile entrepreneurs like Elon Musk and many others had to rely on employer sponsorship in their early years. And while on an H-1B, launching a startup was nearly impossible due to self-sponsorship restrictions.

For Indian founders in particular — who often face decades-long green card backlogs — this policy change unlocks huge new opportunities to build and lead their own ventures without having to wait for permanent residency.

The DHS memo calls this move a step toward fostering more innovation, creating jobs, and attracting world-class entrepreneurs. Legal experts and immigration professionals agree, hailing it as a long-overdue recognition of the vital role that founders play in driving the US economy forward.

For India’s next generation of startup founders, the door to Silicon Valley — and beyond — just opened wider than ever.

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