Can H-1B holders run their own business?

The H-1B is a work visa tied to a specific sponsoring employer for an approved specialty occupation. As a result, your work authorization covers the activities of that job only, and does not extend to self-employment or work in a business you own.

In practice, this creates a distinction between two types of involvement with a company:

• Passive investment: being a partner or shareholder, contributing capital, and receiving profits without involvement in day-to-day operations is generally compatible with the visa.
• Active work: managing, providing services, running operations, or making executive decisions in your own business may be considered unauthorized employment under the terms of the H-1B.

The line between the two depends on how your role in the company is structured and documented, and each situation is evaluated individually by the competent authority. Setting up or managing your own venture while remaining compliant typically requires careful planning.

Before opening or stepping into the management of a company while on H-1B status, it is worth checking the current rules at the official source (USCIS) and reviewing your situation with an immigration professional, so you do not put your status at risk.

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.