As an expert in immigration law, I have assisted numerous individuals in navigating the complexities of the H-1B visa process. The H-1B visa is a non-immigrant visa that allows U.S. companies to employ foreign workers in specialty occupations. Traditionally, the H-1B visa has been sponsored by the employer, but there are instances where self-sponsorship is possible.

Self-sponsorship for an H-1B visa is a nuanced concept. It involves a foreign national who establishes a U.S. company to act as the employer and sponsor for their H-1B visa application. Here's a detailed breakdown of the process:

### Eligibility Criteria

1. Specialty Occupation: The job offered must be a specialty occupation that requires a bachelor's or higher degree in the specific specialty as a minimum for entry into the occupation in the United States.

2. U.S. Company Formation: The foreign national must legally establish a U.S. company. This company must be a legitimate business entity with a physical office in the U.S. and a viable business plan.

3. Ownership and Control: The foreign national must have a controlling interest in the company, which typically means owning a majority of the company's shares.

### Application Process

1. Form I-129: The U.S. company must file Form I-129, Petition for a Nonimmigrant Worker, with the United States Citizenship and Immigration Services (USCIS).

2. Labor Condition Application (LCA): The company must obtain an approved LCA from the Department of Labor, which ensures that employment of the H-1B worker will not adversely affect the wages and working conditions of U.S. workers similarly employed.

3. Documentation: The company must provide evidence of the foreign national's qualifications, the nature of the job, and the company's ability to pay the offered wage.

4. Fees and Filing: The company will need to pay the required H-1B filing fees and submit the petition to the appropriate USCIS service center.

### Considerations
- Feasibility: The company must demonstrate that the position is not a "shell" job created solely for the purpose of obtaining an H-1B visa.
- Public Access: The company's operations must be accessible to the public or to clients in a way that is consistent with the nature of the specialty occupation.
- Financial Viability: The company must show that it has sufficient funds to pay the offered wage and maintain operations.

### Challenges
- Approval Rates: Self-sponsorship cases can be more challenging to approve because they are scrutinized more closely by USCIS.
- Business Success: The success of the business is crucial, as the visa holder's legal status is tied to the company's viability.
- Compliance: The company must adhere to all U.S. employment laws and regulations, including non-discrimination laws and proper wage payment.

### Post-Approval
- I-94 Arrival/Departure Record: Upon approval, the foreign national will receive an I-94 record, which serves as evidence of lawful admission to the U.S. in H-1B status.
- Travel: The H-1B visa holder can travel in and out of the U.S. while the petition is valid.
- Extensions and Changes: The visa holder may seek extensions or make changes to their status, subject to meeting the relevant requirements.

In conclusion, while self-sponsorship for an H-1B visa is possible, it is a complex process that requires careful planning and execution. It is advisable to consult with an immigration attorney to ensure compliance with all legal requirements and to maximize the chances of a successful application.

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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). ... I helped many skilled workers obtain the H-1B Visa, including self-sponsoring clients.read more >>