Can a ghost employer file an H-1B petition for me?

No. The H-1B depends on a real employment relationship between you and a company that genuinely exists and operates. A “ghost employer,” with no structure, activity, or capacity to fulfill employment obligations, cannot file a legitimate visa petition.

The H-1B is built on a genuine employer-employee relationship: the company must have actual operations, offer a real position in a specialty occupation, and be able to pay the required prevailing wage. Both USCIS and the Department of Labor require concrete evidence that this relationship is authentic.

Using a shell entity solely to obtain the visa tends to be treated as fraud or misrepresentation. This not only defeats any chance of approval but can also lead to serious consequences for both the worker and the company, including bars on future petitions.

• The employer must be a real entity with verifiable operations.
• The position must be genuine and in a specialty occupation.
• Promises of “easy” sponsorship from companies with no real activity are a red flag.

Be wary of offers that guarantee the visa without a true employment relationship. Before moving forward, it is worth verifying the employer’s legitimacy and confirming current requirements through the official source (USCIS) or with a qualified professional.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.