H1B vs. self-employment

[cocreateguid]

Can I create a company in the US, and make myself the only employee, and apply for H1B for myself?

[shervin143]

It is not possible. You cannot sponsor your own H1B. Nice thinking though.

Can I create a company in the US, and make myself the only employee, and apply for H1B for myself?

[kabkaba]

USCIS recently published guidelines for a company filing H1 or immigrant petition for owners/substantial partners. The company has to prove that there are well defined policies and procedures such as an independent board of directors which has authority of hiring and firing the employees (including owners). Also, the company has to establish that it has sufficient capital and a good business model to be able to pay the H1 employee. I think for a single person the requirements would be so difficult, that if you could satisfy those, you might as well file GC under EB5.