> Can I leave my H1B sponsoring employer to work for my own company? Can my own company sponsor my H1B? > If you leave your H1B visa sponsoring employer, you w

> Can I leave my H1B sponsoring employer to work for my own company? Can my own company sponsor my H1B? > If you leave your H1B visa sponsoring employer, you will need to find authorized employment with a new sponsoring company that is authorized on your I-129 Form. In theory, that company could be your company but it can be approved only under a narrow set of circumstances. An employer that hires an H1B visa worker must be in a position to have the “right to control” the employee (you). That is by definition not a company in which you control 50%+ of the shares. You can’t hold a job in which you are the person who determines whether you have a job! There needs to be a hire-fire relationship that exists. There are some ways to create a permissible hire-fire relationship within ‘your own’ company that may pass muster in order to secure H1B sponsorship. For instance, you could have a Board of Directors that has explicit hiring and firing control and can replace you and you could also have a co-founder that owns more than 50% of the company’s shares and can hire-fire you. It’s always best to hire an attorney for help establishing ownership in any company, especially if it could put your visa status in jeopardy. https://myrawealth.com/insights/can-i-invest-in-and-start-a-company-on-an-h1b-visa https://myrawealth.com/insights/can-i-invest-in-and-start-a-...