Can My Own Company Sponsor My H-1B?
Explain ownership, employer control, governance, job duties, payroll, and work authorization without reducing the issue to “form an LLC.”
The practical answer
Explain ownership, employer control, governance, job duties, payroll, and work authorization without reducing the issue to “form an LLC.” Confirm the facts and evidence first, apply the relevant rule second, and document the decision and follow-through.
Decisions to organize
Use these decision points to turn the topic into verifiable actions.
- Separate passive ownership from services performed
- Document board or manager authority and the employment relationship
- Coordinate tax, corporate and immigration counsel
Evidence checklist
- Signed contracts, invoices, bank and payroll records
- Contemporaneous notes showing business purpose and dates
Forms and deadlines
- Review the relevant federal and state filing instructions for the tax year
- Retain source documents with the filed return workpapers
Issues to flag for review
- Treating ownership as permission to work
- Using a sole proprietorship where separation is required
- Missing foreign-account or information-return obligations
- Giving tax advice that substitutes for immigration counsel
Frequently asked questions
What should I review before acting?
Explain ownership, employer control, governance, job duties, payroll, and work authorization without reducing the issue to “form an LLC.”
When should professional review be added?
Add review when facts, forms, deadlines, elections, or consequences remain uncertain.
Sources and important note
General educational material based on the official sources below. Confirm tax-year facts and your individual circumstances before filing or acting.
Turn the guide into a plan.
Bring the records, questions, and deadlines that apply.