Can my own company sponsor me for an H-1B visa?
Answer
Yes, your own company can sponsor you for an Entrepreneur H-1B visa under certain conditions:
- Company Structure
- Business Plan and Intent
- Bonafide Employer-Employee Relationship
- Specialty Occupation Position
- Proof and Documentation
- Prevailing Wage Requirements
Gain further insight into these steps below:
- Company Structure: A sole proprietorship is not allowed. Your company must have a formal structure with a board of directors, CEO, or similar role with the authority to hire, pay, and fire employees, including yourself.
- Business Plan and Intent: The government needs to know that your company has a valid purpose and is not created solely to secure an H-1B visa.
- Bonafide Employer-Employee Relationship: To qualify for an Entrepreneur H-1B visa, a bona fide employer-employee relationship should be established between your company (as the sponsoring employer) and yourself (the foreign national beneficiary worker). Details like how the employer will direct and supervise your employment need to be documented.
- Specialty Occupation Position: The position you are sponsored for must qualify as a specialty occupation. This typically requires at least a bachelor’s degree or its equivalent in a related field, and the job duties must be complex or specialized to justify its qualifications.
- Proof and Documentation: You will need to provide proof to support your case. This may include business plans, corporate documents, educational qualifications, job descriptions, organizational charts, and more.
- Prevailing Wage Requirements: Your company must agree to pay you a salary that meets or exceeds the prevailing wage for your occupation, as determined by the Department of Labor. This ensures that your employment terms are in line with industry standards.
It’s important to note that obtaining approval for an Entrepreneur H-1B visa can be complex and requires careful preparation and adherence to immigration regulations. Working with H-1B immigration attorneys or experts familiar with the H-1B visa process can greatly assist in navigating these requirements and increasing the chances of a successful petition.
Answered by a Boundless Immigration Expert
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