Monday, December 19, 2011

H1B

H1B is the most popular non-immigrant visa aliens in US seek after. It leads to green card in a few years as described below. 

If an individual can find a job that requires Bachelor’s or higher degree, and this individual holds a bachelor’s degree or its equivalent, the prospect employer may petition H1B for the prospect employee. The prospect employer must agree to pay the individual prevailing wage (higher salary than average for similar position. Amount varies with the position)

In addition, as an approach to “Encouraging Entrepreneurs and High Skilled Workers to Bolster the U.S. Economy and Spur Job Growth”,  USCIS clarifies in one of its recent memo that  a sole employee-entrepreneur can be qualified for H-1B non-immigrant visa as long as it can establish a valid employer-employee relationship.

With this being said, an individual may obtain H1B through open up a new company in US. Even if the company is only one man show. The individual may pay himself prevailing wage and withhold taxes as he is the only employee. H1B will be valid for 3 years and can be extended to another 3 years. An individual could be in US holding H1B for 6 years in total.