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What are the minimum requirements for entrepreneurs looking for H1B visa?
Anonymous3 views4 answers
I believe the USCIS issued a memo that said entrepreneurs can get an H1B if they establish that the employer-employee relationship exists between the board of the company and the entrepreneur. I'm looking to incorporate a Delaware LLC in the US along with a business partner (who is a US citizen) and one investor. The three of us would form the board of the company and the board could hire or fire me (because I have minority votes in the board and share in the company). However, the company is not extremely well funded (less than 300k investment). I am wondering if this situation would qualify me for an H1B. If not, what further requirments will I need to satisfy. Also, will the company need to pay me some minimum salary? I would be in the US on business visa while setting up the company.
Mark Ivan DaviesImmigration AttorneyLos Angeles, CA ·
Obtaining an H1-B visa is possible but anyone who tells you it will be easy in these circumstances is being disingenuous. That said, there are a number of things that you can do to strengthen your case.
Reading your question there could be other visa types that may be better for you than an H1-B visa. There is insufficient information to tell from the information you give but I would be very willing to discuss this with you. By slightly restructuring the way the company is set-up there may be more than one additional option for you to consider that may give you much more flexibility than an H1-B visa does.
As an initial step the employer files a labor condition application certifying they will pay you a prevailing wage. It should not matter that you have shares in the company. Have the US shareholder sign the application and supporting documents. The salary will depend on your experience nad job position
I agree with the other attorney. The company must certify they will pay you the prevailing wage and demonstrate they have the right to control your employment (hire, fire you, treat you like an employee). They should discuss this with an immigration attorney, whom potentially can begin the labor cert process. If they are serious about this they really need to hire an immigration attorney to discuss your options and guide you through the process. My firm handles such cases.
Regards,
Nicklaus Misiti
Law Offices of Nicklaus Misiti
212 537 4407
