Can I self sponsor H-1B visa? (2023)

Can I sponsor myself for H-1B?

Absolutely Yes! The foreign nationals working in specialty occupations can create big things in the US, and they must be given an opportunity to become self-employed founders by self-sponsoring themselves.

“Self-sponsored” means the application does not need to be approved or prepared by your employer. The Office of International Students and Scholars (OISS) at Yale recommends using a qualified immigration attorney for any self sponsored LPR application.

One of the questions we receive the most during this time of year is, “Can I apply for an H-1B visa without a sponsor?” The short answer is no. The reason is that an H-1B visa petition always requires an American company, called a Petitioner, to file the visa.

Any US employer can sponsor an H-1B petition, provided it has an IRS Tax Number, also known as an IRS Number or Tax ID Number. This number is needed for obtaining approval of the Labor Condition Application (LCA), which is an essential preliminary to the H-1B petition itself.

Sponsoring yourself with your own business

You may obtain a 482 visa (via the pathway self – sponsorship) if you decide to found a company in Australia and to delegate or second yourself to Australia as an employee in your own company.

You must have a sponsoring U.S. employer, you cannot petition for yourself. You must have at least a bachelor's degree that is related to your field. You must occupy a specialty position that requires the use of your degree.

A foreign national can self-petition in either category whether they are living inside or outside the United States.

Anyone applying to be a permanent resident through a family member must have a financial sponsor. A sponsor is also required for a family member coming to work for a relative, or for a company in which a relative owns 5 percent or more of the company.

How Much Will Sponsoring an H1-B Visa Cost an Employer? An H-1B Visa (or H-1B transfer) will cost you around $5000 (including government fees). Immigration lawyer fees should costs $2000 to $3000, while filing fees are around $3000.

Can an individual sponsor a work visa?

Sponsoring a foreign worker for a U.S. job may be quicker and easier through a nonimmigrant visa than through a green card. Sponsoring a foreign worker for a U.S. job may be quicker and easier through a nonimmigrant visa than through a green card.

H1B visa requirements can be difficult to meet because you must first be hired by a U.S. employer who is willing to sponsor you. Competition for jobs in the United States is fierce, and demand for visas to enter the US grows daily. Furthermore, there is a limit on the number of H1B visas granted each year.

For the $60,000 wage to be determined, the nonimmigrant has to receive an annual salary or hourly wages that in total make at least $60,000, whether the worker has a full-time or part-time job. At the same time, the salary has to be paid “cash in hand” and “free and clear”, as well as paid when due.

Today's H1B process is too much for most companies: 1-1.5 year wait time with <30% chance you'd get picked up in the lottery. So for now most are only open to sponsoring people already in the US and able to work somehow.

Self sponsorship visa is a new way to gain access to the foreign market as British SME market and possible citizenship for business owners.

“Will you now or in the future require [company name] to commence (“sponsor”) an immigration case to employ you (for example, H-1B or other employment-based immigration cases)?

Family Based Immigration

To be eligible to apply for an IV, a foreign citizen must be sponsored by an immediate relative who is at least 21 years of age and is either a U.S. citizen or U.S. Lawful Permanent Resident (that is, a green-card holder).

Can you file for yourself in the USA?

In some cases, you may be eligible to file for yourself. After USCIS approves the immigrant petition, and there is a visa available in your category, you file either a Green Card application with USCIS or a visa application with the U.S. Department of State.

Spouses of US Citizens

Being a US citizen's spouse is the fastest, easiest way to immigrate to the US. However, this is the most common source of immigration fraud. The law requires both spouses to file a joint petition two years later, proving the marriage is still valid to prevent immigration fraud.