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H - 1B VISA (Specialty Occupation Visas)

PURPOSE

The USCIS allows for self-sponsored H-1B’s in specific situations. The 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 the H-1B employee. Usually, for self-sponsored cases, it is recommended that the individual registers a corporation. 

HOW

  • To qualify for an Entrepreneur H-1B visa, a bona fide employer-employee relationship should be established between the company (as the sponsoring employer) and the H-1B employee (the foreign national beneficiary worker). Details like how the employer will direct and supervise your employment need to be documented to show the Company has control.
  • The 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. For example, there needs to be proof that the Company has the ability to pay and work for the employee. Evidence of capital and work will be needed for the filing.
  • If this is the first H-1B for the employee/entrepreneur, they are subject to the CAP. If approved, the initial H-1B is for 18 months (vs 3 years for regular H-1B).
  • If it is a self-sponsored H-1B, the employee/entrepreneur cannot apply for a PERM green card and must look at different avenues to stay permanently in the U.S.

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