Interested in hiring a foreign professional? Or maybe you are a foreign professional that a U.S. company wants to bring over to work. If either of these are the case, then the H-1B Visa may be right for you. Because there are very specific requirements for the H-1B, read on to make sure that you meet the basics before spending a lot of time and energy courting a relationship with a U.S. Company or foreign professional with any Visa intentions. It’s all about Relationships
The big requirement up front is that there must be a valid employer-employee relationship. In general terms, the U.S. Government wants to know if a U.S. company is actually going to put this foreign professional to work and pay him or her. In specific terms, the employer must (1) engage the employee to work; (2) have the ability to hire, pay, fire, supervise, and control the work performed; and of course, (3) the employer has to have an IRS ID number (“death and taxes,” even in immigration). This sounds really easy to meet, but the government kicks back applications all the time because the documentation was not put together in a manner that makes it painfully clear that the employer meets these three areas.
But what if I’m the only shareholder of my own U.S. company? Can I still get an H-1B? The unsatisfactory answer here is–maybe. Again, it all boils down to how strong a showing you can make that the company will have control over the work and the beneficiary (employee). In other words, if you can show that other authority structures (such as a board of directors) within the company would be controlling the terms and conditions of your work, then you might qualify.