yorkshire_lad

Hi all,

Just to pre-empt my question I’ve read all the wiki info on visa options, spoken with lawyers in the past about various routes available to me at different times, my sister is a US citizen and my brother a GC holder. As a family we have been through the gamut of different visas at one time or another!

I am a business owner in the UK and supply my services as a consultant and am considering starting a similar venture in the US, partnering with my brother. Briefly, my brother would be CEO and I a non-executive investor. The company would then sponsor my H1B to provide consultancy services in the US.

I’m not looking for specific visa advice per se (we have a meeting set-up with a lawyer next week for that), but rather I’m hoping to hook-up with someone on here who has experience of forming or working for a US based consultancy. Obviously though all comments are welcome.

I will of course post back the results of my lawyers meeting for other forum readers’ benefit.

Thanks in advance.

Pulaski

You might do better going for an E-2 (you'd need a different corporate structure, but it would be easier, quicker (start date isn't Oct 1, 2016 or later), not capped, not subject to a lottery) , then submitting an EB-_ green card application.

Chrisdc

I did this, pre H1b lottery.

Our lawyer encouraged us to strengthen our legitimacy as a bricks-and-mortar business. We had $60K of startup capital, long resumes, Manhattan office space with signage, a receptionist, a website showcasing our work, brochures, letters of commitment from potential clients etc... It was also an H1b transfer, so cap-exempt I believe.

The H1b was approved, we subsequently petitioned for an O1 for me, and then an EB1A. Took a long time, but it was nice to have some element of control of the process.

HTH

S Folinsky

General comment -- it is not uncommon for people to ask about specific visa categories when a more generalized question of "how can enter the United States as soon as possible and be allowed to stay?" accompanied by relevant facts.

In this thread, the question is about H-1b. There was a response to look at another possibility. In another thread, there is a question of pursuing L-1b from Canada. There might be other ways of "skinning the cat" so to speak.

A good immigration lawyer will explore the possiblities. [A bad one will limit their inquiry. ]

Steve_

If you're going to be an investor anyway, the more logical path is E-2. You cannot self-sponsor for H-1B and it comes across as though you would be as you effectively control the employer.

My personal view is H-1B is always best avoided if possible.

Chrisdc

He can. As long as the business is partly owned by a USC there is no problem.

Steve_

You cannot self-sponsor, an employer has to file the I-129, he cannot do it for himself. And given that his brother is the employer, that also comes across as a bit fishy. Nor is there a requirement for the owner of the business to be a US citizen. The owner isn't particularly relevant, lots of IT companies are owned by foreign entities and they use tons of H-1Bs.

yorkshire_lad

Thanks for all the comments. Most useful.

Preliminary talks with lawyer have moved away from H1B (as some of you have suggested) and down either the investor or intra-co transfer route. Depends on how we structure the venture in relation to our existing businesses I think. Talks ongoing.

The bottom line here is business...the business will not just be a vehicle to get into the USA, the USA is a vehicle to get business!

(I should put that on my visa application)

Thanks again.