"Entrepreneur" H1B Petitions

[Attorney_23]

This week, Murthy Law Firm attorneys will answer questions relating to "entrepreneur" H1B petition (i.e. H1B petitions filed on behalf of the owner or majority share holder of the employer.)

 

 

Rules for Topic of the Week Threads:

 

 1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.

 

 2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.

 

 3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.

 

 4. Please do not provide information which would identify any specific company, university, or individual (including yourself).

[biodallas]

Hello, Thanks for doing this. I have few basic questions I hope will qualify under your rules:

 

---- If I start a new company, do i have to have certain # of employees (either H1 or non H1) to file for my own H1 under the company name?

---- Is starting a company even possible on H1? What are the typical documents or rules for this type of H1 visa?

---- I heard recently about E2 visa, which also let you start a business, your thoughts on that?

---- If H1 is not an option for whatever reason, what other choices does Entrepreneurs have?

 

Thank you!

[Attorney_23]

-- If I start a new company, do i have to have certain # of employees (either H1 or non H1) to file for my own H1 under the company name?

---- Is starting a company even possible on H1? What are the typical documents or rules for this type of H1 visa?

 

No, you do not need to have a certain number of employees; in fact, it's possible to file even if you will be the only employee. However, you still need to establish an employer/employee relationship. One way to accomplish this is to create a board of directors. I recommend you read the following article:

 

“Entrepreneur” H1B Petitions: A New Option for Start-Up Companies?

 

---- I heard recently about E2 visa, which also let you start a business, your thoughts on that?

 

The E-2 treaty investor category can be a great option for foreign national entrepreneurs. However, this category is treaty-based, so it is only available for nationals of countries that have a qualifying treaty with the U.S. Unfortunately, some of the countries that would most benefit from the E-2 category, such as India and China, do not have a qualifying treaty. You can see a list of countries that are eligible for E-2 (and the E-1, treaty trader category) here:

 

Treaty Countries

 

You can read a bit more about this category here: Murthy Seeking Access to E-1 and E-2 Visas for Indian Nationals

 

---- If H1 is not an option for whatever reason, what other choices does Entrepreneurs have?

 

The L-1 category may be a good option, if the person has a qualifying company abroad. And, of course, in most situations, if the person has an EAD, this can be used for self-employment. Beyond that, there may be some case-specific possibilities in various other categories. But, most of the time, there are not really any other good nonimmigrant options for entrepreneurs.