H-1B Visa for Entrepreneurs and Start-Ups

Are You Trying To Come To The U.S. for Business Matters? Contact Us Today

You have talent, energy, and drive. And your most fervent wish is to put these inner resources to use in America. Times are tough for those wanting to live and work in the country, but America remains a land of opportunity, and, on a more practical note,

it is still in desperate need of new ideas and new businesses.

The Obama Administration created incentives to encourage such entrepreneurs. It recognized the fact that highly-educated English-speaking people exist all over the world, and that they can put their talents to work in America, creating new jobs and new opportunities for others in the process. If you were born outside of the United States and hope to make your success in the country, theH-1B visa may be right for you. Under an H-1B visa you can come to the U.S., start your own business, and make it flourish.

Since the inception of the program, a number of new regulations have come along that make it more challenging for people to apply to the H-1B and be approved for it. H-1B visa lawyers in Los Angeles help people who are best suited for the program make their application and see it through to success. If you are a budding entrepreneur, you should not be discouraged by the new rules that have come out. You need not go through the process alone. Getting legal immigration help Los Angeles is the most reasonable path forward. Legal immigration help Los Angeles will enable you to get through the process with a minimum amount of frustration.

The Essentials of the H-1B Visa Program

The H-1B visa allows people with specialty occupations to work temporarily in the United States. Before the changes made by the Obama Administration, the criteria for receiving a H-1B visa were:

  • You needed to have a U.S. employer as your sponsor
  • You needed to have a bachelor’s degree related to your field
  • You needed to occupy a specialty position that made use of your degree

This policy essentially demanded a master-servant relationship between the employer and the employee. The changes made in the last administration made it possible for foreign business owners and entrepreneurs to petition on their own. The Obama administration decided to change immigration laws to make it easier for owners of start-ups to remain in the United States. At the time, this made it possible for entrepreneurs who owned 100% of their business to receive a H-1B visa.

Recent changes have made things more difficult for immigrant entrepreneurs. The United States Customs and Immigration Service has recently determined that is will allow sole employees in a start-up to apply for H-1B visas provided that the petitioner have a Board of Directors or some other controlling agency that is composed of U.S. citizens, and that these people have the power to supervise the petitioner's employment.

Put plainly, the new requirement mandates a separate party within the company to control the employment of the sole employee. You, as an owner, must surrender the management of your own company to native-born citizens. Additionally, foreign entrepreneurs must provide documentary evidence of how this arrangement works. The documents must include names of the investors, preferred shareholders, and the terms and conditions of employment.

Entrepreneurs who have already established their companies and did not receive a H-1B or EAD approval may be seen as engaging in unauthorized employment.

Many rising foreign-born entrepreneurs find these requirements burdensome and insulting. The new rules essentially strip managerial autonomy and control from people who have put forth their own money, skill, and hard work to build up their business. They must now be vouched for by native-born persons, who are the only ones eligible to petition on their behalf.

If You Want to be a Permanent Residence

If you are a H-1B entrepreneur and you want to live long-term in the United States, you can file for PERM Labor Certification sponsorship. Here are some of the other viable paths to this goal:

  • An EB-1A green card
  • An EB-2 visa, which is for those who can prove their work in the national interest
  • An EB-5, which is for investors

By applying for a green card, you free yourself from the sponsoring employer requirement. You get to petition on your own behalf.

These Are Not Easy Issues

The applications and forms process can seem deceptively simple. But nothing is simple or straightforward about immigration anymore. It used to be that the brightest, most talented, and most highly educated people had no problems securing work and residence visas in America. That has all changed. You can take nothing for granted when you apply for a visa.

You should hire an employment immigration attorney Los Angeles before you begin the process. An employee immigration attorney Los Angeles will look at the specifics of your case and advise you on the best visa to apply for. Work visas attorneys Los Angeles know how the immigration system works. They have keen insight into how recent changes have affected it. Work visas attorneys Los Angeles know how to help their clients navigate through its difficulties and challenges.

Rather than waste your time trying to figure out exactly what USCIS wants it is better to hire an immigration labor attorney Los Angeles who can anticipate the difficulties that you will be confronted with.

If your application is rejected, an immigration labor attorney Los Angeles can help you through the appeals process. Although the current administration has put up rules and regulations designed to discourage immigrants from applying for visas, you need not be discouraged by this. The country remains one of laws, and the employment immigration attorney Los Angeles you hire will help you use the law to your advantage.

If you have worked hard to build up your company, you should not be stripped of your ability to grow and expand it. Our H-1B visa lawyers in Los Angeles have handled many cases like yours. They will help you ensure that your application and supporting documents are in order, and that you are able to live your American Dream. Contact our immigration lawyer in Los Angeles today.

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