The Silicon Valley is the heaven of startups. People from all over the world want to come to California especially to the Silicon Valley to be the next ‘Google’ or ‘Facebook’. In fact, many will actually be successful. Such companies especially in the IT sector are often supported by foreign labor who have to move to the United States in order to assist the companies. Consequently, a visa is required in order for the startups or IT firm to bring foreign workers to the United States. While there are many visa options available, the H1B visa for startups is probably the most common one. This brings us to question whether a startup could be eligible to file an H1B visa.
1. Can a startup file H1B visas?
The simple answer is yes provided a company meets the basic and underlying requirements of the H1B visa. The H1B visa requires that the foreign worker must be selected for a specialty occupation. A specialty occupation is usually understood as one which requires a minimum of a 4 years bachelor’s degree. Furthermore, the future employee or applicant must possess such a degree or equivalent experience. The startup also have to meet the prevailing wage requirement as per the Labor Condition Application with the Department of Labor. Once the requirements are met, then and only then can an application be filed with the USCIS.
2. Does a startup have to have a lot of money in the bank to proceed with the H1B visa?
While it is very important to show that a startup has the means to pay the H1B employee, the startup can also show proof of expected income based on the projects. However, this requires a good analysis from an experienced lawyer to help. Our law firm prides itself in helping startups achieve their goals of H1B visas. So it is always good to call us at 510 7425887 before you proceed.
3. Does the startup company have to show there is actual work for the H1B visa holder?
Since the famous 2010 Neufeld memo on H1B visas and employer-employee relationship, there is a need to show actual work for the H1B visa holder. Since most startups have genuine projects in house, it is imperative to demonstrate that such a project warrants hiring a specific number of employees and such employees have the required qualifications to be employed. As such, an analysis of the case is required when the case is filed. Again, attorney Shah Peerally of the Shah Peerally Law Group PC has been practicing immigration law for more than 10 years and we have successfully helped many startups, IT consulting companies and other small and medium companies achieve their goals. The law group consists of several attorneys and legal assistants who are very experienced in the process. It will be an honor to assist you at every stage of the process.
4. What happens if the startups wants to bring several H1B visa employees to work in the company?
If a startup can show a proof of income and justify the need for foreign workers including their existing projects or future projects, the H1B visa for their foreign workers can be approved. However, the explanation of such endeavors need to be addressed and reviewed carefully by an experience immigration practitioner. We pride ourselves to be among those who understand such needs.
5. Can H1B visa holders be transferred from other companies to a new startups?
This is actually one of the best and easiest way for startups to have a good labor force. Therefore the answer is a big “yes”. A transfer or a change of employment is totally possible provided all the above requirements are met. Therefore we encourage our clients to look into such possibilities.
If you are a startup company whether in IT sector or non-IT sector, you have a chance to hire right candidates. It is just a matter of using the right lawyer to help.
The article above in no way covers all the issues that startups and H1B petitioners can get all their answers. Cases differ and each case has its own limitations. We recommend, as such to talk to a good and reliable immigration lawyer licensed to actually practice law. Make sure you review the lawyer and know whether they are capable or not before hiring them to proceed with your immigration matter.
You can reach us at 510.7425887 for additional questions.
