British Expats

British Expats (https://britishexpats.com/forum/)
-   US Immigration, Citizenship and Visas (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/)
-   -   sponsor oneself on H1B (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/sponsor-oneself-h1b-151754/)

Kamal R. Prasad May 11th 2003 2:47 pm

sponsor oneself on H1B
 
Is there a way for one to start a company in US and sponsor himself on
an H1B?
If so, what are the requirements? if not, can a green card holder
start a company to sponsor someone on H1B?
thanks
-kamal

Ingo Pakleppa May 12th 2003 4:21 am

Re: sponsor oneself on H1B
 
On Sun, 11 May 2003 07:47:26 -0700, Kamal R. Prasad wrote:

    > Is there a way for one to start a company in US and sponsor himself on
    > an H1B?

Yes. You need a very good attorney because BCIS scrutinizes such cases
carefully for fraud.

    > If so, what are the requirements?

Basically, the same as for any other H-1B sponsor: you need to offer a job
that requires the person's qualifications, and you need to be able to pay
the salary no matter what happens.

That has two main consequences:

- you will probably need to hire a manager, accountant etc. to actually
run the business, because you are only allowed to do the work that the
H-1B petition allows.

- if business is slow, you still have to pay yourself.

Also, be aware that this rule applies to H-1B only. Such a company cannot
sponsor the beneficiary for a Green Card.

I added your question to my FAQ.

    > if not, can a green card holder start a company to sponsor someone on
    > H1B?

Yes.

--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please visit my new FAQ at http://www.kkeane.com with a list of interesting
immigration links.

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