H1b with a small company

[ozwizard]

Hello,

I will get my engineering PhD degree in around 6 months. A company wants to employ me and they said that they are willing to sponsor me for both H1b and Green Card. But the problem is the company is a brand new company and it is very small right now. And also I will be their first H1b employee. My questions are:

The company doesn't know how H1b and Green Card processing works. Can a law firm or an attorney do that for the company?

Is there a chance of rejection of my H1b and Green Card application because the company is small?

Which employment based Green Card should I apply? (EB1, EB2, EB3, etc.)

What is the best time to start the Green Card application? Can I do it immediately after I got the H1b visa? or I have to wait a certain amount of time?

Thank you very much in advance,

[Attorney_25]

A properly-qualified attorney absolutely would be able to assist in the H-1B and GC processes, and it would be a very good idea because there are many compliance issues on which an employer needs to be educated. Small/new company H-1Bs are approved all the time. Certain policy of the USCIS has made it a little harder in the past couple years, but if the company is bona fide and the position is bona fide (and it sounds like this is true in your case), the case should be approved (assuming no separate issues to cause denial).

[catx]

Small or big company doesn't matter..as long as its a real company and who can pay you.

Although your employer can start GC immediately after H1..but that would raise suspicion from USCIS..so a wait of at least 6 months to 1 yr would be ideal.

Not necessarily, if the true intent of the employer is to (1) permanently hire the foreign worker, and (2) have foreign worker employed during the permanent residency (green card) process, then it is reasonable and legitimate to file for a H-1B petition, and upon approval and the start of employment immediately begin the permanent residency (green card) process (e.g. PERM labor certification application). There is nothing "suspicious" with an employer using an H-1B visa as a way for employment authorization while sponsoring for a permanent residency visa (green card). The USCIS laws, regulations, and rules support this scenario.

When negotiating with my employer we both wanted permanent employment, and my and my family's permanent residency visas (green cards) were one of the conditions of employment (and included in the formal written job offer). We have not had any problems with my H-1B and my families H-4 visas, the PERM labor certification application, or the I-140 petition (there was one minor RFE for some secondary college transcripts that did not cause any delay).

[t75]

They must prove that here was no willing and qualified USC for PERM. You and your employer should consult an attorney specializing in EB1 GCs to determine if your credentials make that type of processing possible. The other problem is justifying the educational requirements for the position if they do not have a well documented HR process. If they are creating job descriptions as they go along to fit the hires, it can be a problem.

[catx]

hmmm.. my point was based on some employers i know who were hesitant to sponsor the employee's GC as soon as they join the company. they said firstly they need to evaluate the employee performance and secondly USCIS would raise a suspicion based on the first reason...etc.

Your point regarding an employer waiting until a new employee has gone through an initial probationary period is completely valid, and arguably normal business practice. With respect to the USCIS raising a "suspicion" if the permanent residency (green card) process is initiated right from the start of employment, this should not be an issue in cases such as when an employee has demonstrably unique skills / qualifications that are required for a job. (Note: This does not necessarily have to equate to EB2 or EB1 category.)