You may be eligible for an H-1B visa based on your startup or startup you currently work or plan to work if the work involves an occupation that normally requires a bachelor’s degree or higher in a related field of study (e.g., engineers, scientists or mathematicians), and you have at least a bachelor’s degree or equivalent in a field related to the position. You may also qualify if you plan to work for the business you start in the United States.
Initial period of stay in the United States: Up to 3 years. Extensions possible in up to 3 year increments. Maximum period of stay generally 6 years (extensions beyond 6 years may be possible).
Could an H-1B Visa work for you? Ask yourself the following questions to see if you might qualify:
- Do you have a bachelor’s degree or the equivalent (based on relevant experience)?
- Will you be working in a “specialty occupation?”
- Will you be earning a wage?
If you answered yes to most of the questions above, then you may likely qualify for an H-1B Visa.
Other requirement for H-1B is that you must have an employer-employee relationship with the petitioning U.S. employer.
In general, a valid employer-employee relationship is determined by whether the U.S. employer may hire, pay, fire, supervise or otherwise control the work of the H-1B worker. In some cases, the sole or majority owner of the petitioning company or organization may be able to establish a valid employer-employee relationship, if the facts show that the petitioning entity has the right to control the beneficiary’s employment.
How do I demonstrate an employer-employee relationship even if I own my own company?
If you own your company you may be able to demonstrate that an employer-employee relationship exists if the control of your work is exercised by others (see H1B Employer-Employee Memo in January 8, 2010 by USCIS) . For example, if your company has a board of directors, preferred shareholders, investors, or other factors that show your organization has the right to control the terms and conditions of your employment (namely the right to hire, fire, pay, supervise or otherwise control the terms and conditions of your employment), then you may be able to meet this requirement.
Get in touch us to discuss how the start-up company you founded or you plan to work with can sponsor a start-up H-1B for you.
