I am contemplating opening an LLC company. Can that company sponsor me for H1B classification if I own a substantial portion of the company? Can I apply for an H1B if I am self-employed?

Answer

Although H1B classification generally is prohibited in self-employment situations, it nevertheless is possible to have an H1B filed through a company in which you have an ownership interest. However, that company must still be able to demonstrate control in an employer-employee relationship. Generally, that would mean that you should have a minority ownership or that there should be an independent board with the ability to remove you. Before making any such investment while in H1B status, it would be wise to consult with an immigration attorney about your specific situation. (28.Jan.2019)

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