Question from hulo, Can I Obtain an H1-B Visa If I’m Starting a New Business or Company in the USA?
Answer from AI:
The H1-B visa is a non-immigrant visa that allows U.S. companies to employ foreign workers in specialty occupations. However, obtaining an H1-B visa for the purpose of starting a new business or company in the U.S. can be complex and challenging.
General H1-B Visa Requirements
The H1-B visa has specific requirements, including:
- A bachelor’s degree or higher (or its equivalent) in the specific specialty for which employment authorization is being sought
- An employer-employee relationship with the petitioning U.S. employer
In your case, if you’re starting a new business, you would be both the employer and the employee, which can complicate the employer-employee relationship requirement.
Self-Petitioning and the Employer-Employee Relationship
The U.S. Citizenship and Immigration Services (USCIS) has issued guidance stating that while a business owner may be able to establish a valid employer-employee relationship for the purposes of qualifying for an H1-B visa, it would be based on the totality of the circumstances and would require the petitioner to demonstrate that it has the right to control the beneficiary’s employment.
This means that you would need to show that your company has a board of directors, partners, or other corporate entity that has the ability to control your employment. This can be a complex process and may require the assistance of a legal professional.
Alternatives to the H1-B Visa
If you’re starting a new business or company in the U.S., you might want to consider other types of visas. For example, the E-2 Treaty Investor Visa allows individuals to enter and work in the U.S. based on an investment they will be controlling, while the L-1 Visa allows for the transfer of executives or managers within the company from an affiliated foreign office to the U.S.
Seeking Legal Advice
Given the complexity of U.S. immigration law, it’s highly recommended that you consult with an immigration attorney who can provide personalized advice based on your specific circumstances. They can help you understand the requirements and process for obtaining an H1-B visa or suggest alternative visa options that might be more suitable for your situation.
For more information, you can visit the USCIS website or the U.S. Department of State’s Bureau of Consular Affairs.
Please note that this information is intended to provide a general overview and does not constitute legal advice.
The answer is written by AI.
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Disclaimer: The information provided in this response is intended for general informational purposes only and should not be considered as legal advice. While we strive to provide accurate information, we make no guarantees regarding the accuracy or legal validity of the information presented. Laws and regulations vary by jurisdiction and can change over time, and the application of laws can vary widely based on the specific facts and circumstances involved. Therefore, you should consult with a qualified legal professional before making any decisions related to legal matters. Do not rely solely on the information provided in this response for any legal decisions. We disclaim any and all liability with respect to actions taken or not taken based on the contents of this response.
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