Can any type of business entity (llc, s-corp) hire and sponsor a foreign national? How quickly after company inception can...

If the foreign national is on a Visa or has become a Green Card holder, I don't see any problem. To be sure, consult with an Immigration Attorney (easily found on .com under Find-A-Lawyer). Good Luck!

Any LLC or corporate entity can "sponsor" a visa applicant. The time will depend on the type of visa and where you are filing. I have added "immigration" to your practice area to get you more and better answers.

I agree with my colleagues that an LLC, s-corp can hire and sponsor a foreign national, but the timing will depend on the type of visa the applicant is seeking. If the prospective employee has a green card (i.e. a permanent resident) then the employee can begin working immediately. If, however, the prospective employee is on an immigrant visa with another employer, the process can be a bit more complicated. Among other things, the process and timing would depend on the current immigrant visa held by the employee and whether or not that type of visa can be transferred. This depends on a variety of factors that would need to be reviewed by an immigration attorney. Additionally, since you are a new company, USCIS might want to see some financial data to ensure that you are properly capitalized to pay the prospective employee at least the prevailing minimum wage for the term of the visa. Unfortunately it is impossible to give targeted advice on this matter over the internet as the specifics of your situation will likely dictate your options and the best path to achieve your goals. I strongly suggest you seek the advice of an immigration attorney as s/he will be able to review all of the facts surrounding your matter and provide you with the best option to achieve your results. Good luck.

The key here is capital. The company must be able to pay a salary in the case of an h1b. Another factor is whether the candidate will be in the same or similar job duties in the new company. If different, what are the candidate's qualifications to perform the new job duties? Dhenu Savla, Esq. SwagatUSA, LLC www.swagatusa.com/attorney