Indian Founders, Here's Your Direct Route to the US: You Can Now Self-Sponsor Your H-1B Visa

No more middlemen. No more waiting for a big company to believe in your dream. For Indian startup founders, the United States just rolled out the red carpet.

In a move that's being seen as a game-changer for global entrepreneurship, the U.S. government has officially opened doors for startup founders to self-sponsor their own H-1B work visas. Yes, you read that right — you no longer need a U.S.-based employer to sponsor you. You can now do it through your own startup, provided certain conditions are met.

This significant shift, brought in through an updated policy by the U.S. Department of Homeland Security (DHS) in late 2024 and put into action in early 2025, is expected to remove a long-standing barrier for founders — especially from innovation-rich countries like India — who often struggled to scale their ventures in the U.S. due to immigration roadblocks.

“If more entrepreneurs are able to obtain H‑1B status to develop their business enterprise, the U.S. could benefit from the creation of jobs, new industries, and new opportunities,” the DHS stated in its policy memo.

This change is more than just a visa update — it’s a message to the global startup community: “Come, build here.”

Why This Matters for Indian Founders

For years, Indian entrepreneurs — even those with game-changing ideas — faced a paradox. They wanted to build in the U.S., raise capital from American investors, and access one of the largest consumer markets, but lacked the one thing needed to make that happen: a visa.

The traditional H-1B process required an existing U.S.-based employer to petition for the individual. But what happens when you are the one building the company?

Under the new policy, founders holding at least 50% ownership in a U.S.-based startup can now act as their own sponsors, as long as they create a legitimate employer–employee structure.

Let’s break it down.

How to Sponsor Your Own H-1B Visa: Step-by-Step Guide for Founders

The self-sponsorship pathway doesn’t mean bypassing the rules — it means understanding and aligning with them smartly. Here's what you need to know:

1. Incorporate a Legitimate U.S. Company

The foundation of this route starts with a properly structured company in the U.S. Your startup must be legally incorporated, and ideally, it should already be operational or show strong intent to operate soon. The role you’re being sponsored for must also qualify as a specialty occupation, meaning it requires at least a bachelor’s degree in a relevant field.

Think of roles like Software Engineer, Product Manager, Research Scientist — if your own startup needs that role (and you're the one fulfilling it), it’s valid for H-1B.

2. Establish a True Employer–Employee Relationship

This is where many founders may raise an eyebrow — how can I be both employer and employee?

The DHS expects a legitimate structure in place where someone other than the founder — like a Board of Directors, co-founder, or external investor — has the ability to supervise, hire/fire, or otherwise exercise authority over the founder. This shows that the startup is more than just a one-person show and that employment isn't self-serving.

3. Enter the H-1B Lottery (Unless Cap-Exempt)

While the policy change is powerful, it doesn’t exempt you from the annual H-1B cap — which currently stands at 85,000 visas per year.

You still need to enter the lottery unless your startup is affiliated with a cap-exempt entity like a university, research institution, or nonprofit. If you win the lottery, you're in. If not, you can try again next year.

4. Meet Wage and Job Requirements

To prevent abuse and ensure fair labor practices, your startup must pay you at least the prevailing wage for your position, as per U.S. Department of Labor data. You also need to prove that your startup has the financial capacity to pay that wage — bank statements, investor letters, or revenue projections can help.

5. File Form I-129 with USCIS

This is your official H-1B petition form. Along with it, you’ll need to submit supporting documents like your company’s business plan, evidence of funding, proof of employer–employee relationship, and a detailed job description showing how your role qualifies as a specialty occupation.

If approved, your H-1B visa is granted for an initial period of up to 3 years, with the option to extend it to 6 years.

What After 6 Years? The Green Card Pathway

For founders aiming to make the U.S. their permanent business base, this route doesn’t end with the H-1B.

Thanks to the AC21 Act, entrepreneurs can extend their H-1B beyond 6 years if they’re actively pursuing a green card — specifically, if their I-140 (an employment-based green card petition) is pending or approved.

This long-term pathway means you can not only build your startup in the U.S. but also stay long enough to see it grow, raise capital, create jobs, and potentially even exit or go public.

India has no shortage of ambitious founders and groundbreaking ideas — but often, global ambitions hit a wall when it comes to immigration.

This policy update gives Indian entrepreneurs a fair shot at building from Silicon Valley, accessing U.S. venture capital, and scaling globally without waiting for corporate sponsors. For founders in deep-tech, AI, biotech, and Web3 — areas where proximity to the U.S. ecosystem matters — this is a golden opportunity.

It also levels the playing field. Now, it’s not about who you know in the U.S. — it’s about what you’re building.

The U.S. just made a rare and bold move — trusting founders to lead from the front. And for Indian entrepreneurs, it could be the missing link in their global growth story.

If you’re a startup founder with Silicon Valley dreams, the door is now open. You just need to walk through it — this time, as your own sponsor.