Can my brother's company file for my green card?

[fishaq]

Hello All,

I am on student visa in US actually it has expired but I do have my OPT-EAD valid and I have a valid I-20. My brother owns a telecom business. My question is if my brother's company can file for my H1B or Green card?

Thank you.

[JoeF]

First, is your degree in that field?

Second, the H1 quota for this year is full.

Third, for a GC, same thin. Is your degree in the field.

Fourth, if you get sponsored for a GC by a company you or a relative has 5% or more interest in, you also need an affidavit of support from a US citizen.

And fifth, of course, the company has to be able to actually pay the salary. And that has to be for real. There would be additional scrutiny if the company is owned by a relative.