Can I hold an H-1B without receiving a salary if I am a co-owner of the company?

In practice, maintaining an H-1B without receiving a salary is very difficult, even if you are a co-owner of the sponsoring company. The H-1B requires a genuine employer-employee relationship, with real control and supervision over the work, not merely an ownership stake.

Two points tend to weigh heavily when the beneficiary is also a co-owner:

• You must demonstrate that there is a person or body that acts as an employer over you, with actual authority over the position.
• The visa requires compensation consistent with the prevailing wage for the role, so foregoing a salary contradicts one of the foundations of the H-1B.

Being a co-owner does not automatically disqualify you from the H-1B, but it does require careful structuring of the employment relationship to avoid conflicts of interest and questions about the authenticity of the position. For this reason, the safest course is to seek specialized legal counsel and review updated requirements from the official source before filing.

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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.