Tuesday, November 8, 2011

Can Sole Business Owner Receive H1B Visa Employee?

Can you own your company as an H1B Holder? The answer is yes. USCIS approves petition where the beneficiary owns 100% of the petitioning company and employer-employee relationship is established. 

USCIS has issued Requests for Evidence (RFEs) for many companies where the beneficiary is also a stockholder of the petitioning company. Often times, the RFEs are issued even if the beneficiary owns a minimal percentage of shares in the petitioning company.

Employer-employee relationship” is indicated by the fact that the petitioner may hire, pay, fire, supervise, or otherwise exercise the right to control over any such employee.
As far as how to prove control of a company, please consult a lawyer or better off retain a lawyer's professional representation.