Can My Own Company Sponsor My H-1B? Tax and Employer-Control Checklist
Separate ownership, corporate governance, employer control, payroll, work authorization, and tax reporting before a founder considers an H-1B petition.
The practical answer
Separate ownership, corporate governance, employer control, payroll, work authorization, and tax reporting before a founder considers an H-1B petition. 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 for the company
- Document board authority, job duties, payroll, and the company’s ability to control employment
- Coordinate entity, payroll, self-employment, and immigration counsel before work begins
Evidence checklist
- Formation documents, cap table, bylaws, operating agreement, and board resolutions
- Employment agreement, job description, payroll records, and company financials
- Current visa, I-94, petition, approval notice, and counsel correspondence
Forms and deadlines
- Review the current USCIS petition and amendment requirements with immigration counsel
- Set up payroll and tax withholding only after work authorization is confirmed
- Do not treat an LLC or EIN as permission to work
Issues to flag for review
- Treating a visa, citizenship, or company formation as the tax-residency answer
- Assuming company ownership creates work authorization
- Missing worldwide-income, FBAR, Form 8938, or foreign tax-credit reporting
- Using a generic day count without testing visa exceptions and state domicile
- Treating tax advice as immigration advice or vice versa
Frequently asked questions
What should I review before acting?
Separate ownership, corporate governance, employer control, payroll, work authorization, and tax reporting before a founder considers an H-1B petition.
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.