H1B Entrepreneur
U.S. laws do not require you to hold any specific type of visa to register or purchase a business in the United States. H-1B holders can easily start and/or register a new business. However, in order to work for your new company on H-1B, USCIS has set several guidelines in place:
- The company must have a separate board of directors with the power to hire and fire employees, including the entrepreneur;
- The company should be able to demonstrate a valid employer-employee relationship with the H1B entrepreneur;
- The H-1B holder (or any close family members) cannot be the proprietor(s);
- The company cannot exist for the sole purpose of obtaining the H-1B visa;
- The H-1B holder must hold a bachelor’s degree or higher or its equivalent in the required field;
If all of these criteria are met, the H-1B holder may be able to start a business in virtually any state in the U.S. and work for that business under H-1B Visa.
In order for an H-1B visa to be approved, USCIS must determine that the company is properly established and has the cash flow necessary to provide the employee with the prevailing wage as established in the LCA. For a startup to sponsor an H-1B visa, they must be able to show evidence of income, usually in the form of investor funding. Additional evidence to prove the viability of a startup may also be necessary, such as a business plan, employee contracts, or leases for company office space. This documentation can work together to prove the legitimacy of the business.
