Kamal R. Prasad

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

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.

My email address in usenet posts is now invalid for spam protection.

Please feel free to enjoy some of my photographs at my new Web site
http://www.ingopakleppa.com ! Comments are welcome.