The H-1B visa can also be a pathway for entrepreneurs looking to establish and grow their businesses in the United States. Understanding the H-1B visa process and the associated lottery system is crucial. Esani & Momin, Sugar Land immigration attorneys, offers legal guidance and legal assistance to entrepreneurs navigating the complex world of the H-1B lottery for entrepreneurs.
Requirements for H-1B Visa for Entrepreneurs
An entrepreneur can potentially become their own H-1B visa sponsor. This means the business owner can be both the employer and the employee for the purposes of the visa. However, strict requirements and scrutiny apply to ensure the legitimacy of the business and the specialized nature of the role.
To qualify for an H-1B visa as an entrepreneur, the business owner must meet the following requirements:
- Specialty Occupation: The position the entrepreneur will fill in the U.S. company must require a bachelor’s degree or higher in a specific field related to the position.
- Employer-Employee Relationship: The business owner must establish a bona fide employer-employee relationship. This means they cannot be solely self-employed; the company must have the right to control the business owner’s work. The business may require a board of directors or other mechanisms to ensure an employer-employee relationship exists.
- Ownership: To have a controlling interest in the company, the entrepreneur will usually need to own a significant amount of stock and have specific governance rights.
Business owners must navigate these requirements with precision and foresight, often seeking an immigration attorney in Sugar Land to align their business ambitions with the legal landscape of the U.S. immigration system.
Process of H-1B Visa for Entrepreneurs
Generally, the process for obtaining an H-1B visa as an entrepreneur – involving lottery selection – involves several steps:
- Labor Condition Application (LCA): The U.S.-based company should be engaged with the Department of Labor (DOL) to secure an LCA. The LCA is a formal declaration that the company will adhere to prevailing wage standards for the position in question and will ensure that the working conditions offered will not adversely affect those of similarly employed U.S. workers.
- H-1B Registration: The company is required to electronically submit the business owner’s details for the H-1B visa. This digital registration is a pre-requisite for the visa petition itself and represents a filtering stage designed to manage the high demand for H-1B visas against the annual cap imposed by U.S. immigration law.
- Lottery Selection: Assuming the H-1B cap has already been exceeded but the application hasn’t been selected, and should the business owner’s registration be fortunate enough to be selected in the lottery selection, this marks a pivotal point in the visa application journey. It is at this juncture that the company is authorized to proceed with filing a comprehensive H-1B visa petition on behalf of the business owner with the United States Citizenship and Immigration Services (USCIS)
- USCIS Review: USCIS meticulously assesses the submitted petition to validate that all stated requirements are met and that the entrepreneur is indeed eligible for an H-1B visa.
This journey is marked by precise procedural steps. Each phase plays a critical role in ensuring that the entrepreneur’s application is robust, compliant, and reflective of the specialized skills they bring to the U.S. business landscape.
Immigration Attorneys’ Role in the H-1B Lottery for Business Owners Is Crucial
The H-1B visa process for entrepreneurs demands knowledge and meticulous attention to detail. Experienced immigration attorneys can be invaluable partners.
If you’re an entrepreneur (business owner), the H-1B visa could be a viable option. At Esani & Momin we are ready to help you explore your immigration goals. Contact us today to schedule a consultation with our attorney in Sugar Land.
