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Can a sole proprietor file for H1B visa?

Immigration 3 views 4 answers
Employer is in business for many years but I'll be the first employee. I really don't want to wait till April or later to figure out that he cannot file my visa. I am on OPT right now in Software Engineering field. Employer have been working as software engineering contractor for years and have plenty of projects that he need help on.

Attorney Answers

4
Christian SchmidtImmigration AttorneyOakland, CA ·
It is not impossible but difficult to demonstrate that there will be sufficent work for you and revenue to pay the required wage. The petition will be heavily scruntiniced and you may end up with an approval valid less than three years. Particulars depend on a review of the case.
0 upvotes
Myron Morales ·
Yes, a sole proprietor can file for an H-1B on behalf of a potential employee. Myron R. Morales, Attorney Morales PLLC [email protected]
0 upvotes
F Capriotti 2793192.Html ·
In theory ... yes. In practice ... it is very, very difficult when the employer has no 'track record' of having been an employer before.
0 upvotes
Rebecca Saldana ·
I agree with previous counsel. It is possible but often the employer learns of the process and is completely turned off by the amount of work that has to be done to meet the requirements. Your best bet is to schedule an appointment with qualified counsel and have your employer attend with you so that the attorney can explain the process and what he will be required to demonstrate if he wishes to proceed.
0 upvotes

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