Q: If I self sponsor an H1B for a new company I am starting with my US partner, would it be part of the annual quota?
A:
The H1B is one of the most popular employment-based Visas in the United States. It is for foreign nationals with a Bachelor Degree (or an equivalent foreign degree) that are coming to the U.S. to perform services in a specialty occupation. A specialty occupation is one that generally requires the attainment of a Bachelor Degree.
The H1B Visa requires the sponsorship of a U.S. Company. However, after years of uncertainty, the USCIS now accepts H1B petitions filed by a U.S. Company formed and owned by the Visa beneficiary (self-sponsorship). This kind of sub-category is also called “H-1B Visa for Entrepreneurs“.
To be approved under the H1B Entrepreneurs scheme, it is necessary to prove that there is a legitimate employer-employee relationship between the U.S. Company and the beneficiary.
In general, your H-1B petition would be subject to the 85,000 numerical cap.
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