How to Get H-1B Work Visa for Start-ups?

What are H1B Visa requirements for start-ups?

H-1B visa is the most common way for employers to sponsor professional workers in the U.S. The prerequisite is that the employee must hold a position that requires a bachelor’s degree or at least an equivalent experience in that field.

 The Process of Getting H-1B Visa.

Firstly, you have to demonstrate that there is an employer-employee relationship. According to the USCIS, the start-up can “provide evidence that there is a separate Board of Directors which have the ability to hire, fire, pay, supervise or otherwise control the beneficiary’s employment.”

Furthermore, you have to submit evidence of the right to control your work i.e. Investor Rights Agreement, Stock Purchase Agreement etc. We also advise to submit Employment Agreement between the petitioner and beneficiary.

H-1B Visa for Start-ups.

In order to qualify for H-1B visa, you have to keep in mind other important considerations that are bona fide job offers, specialty occupation, and sufficiency of production space to accommodate the work of the beneficiary. The beneficiary should have a bona fide job offer from the employer and the employer should pay the beneficiary the prevailing wage. Another requirement here is the proof that there is enough specialty occupation work available for the H-1B beneficiary, and that H-1B beneficiary will not perform other non-specialty occupation tasks.

Necessary evidences are:

• Articles of Incorporation

• Bylaws/Operating Agreement

• EIN/FEIN

• Corporate Minutes

• Business Licenses

• Lease Agreement

• Bank statements

• Business Plan

Click here to learn more about H1B work visa. 

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