Legal Question in Immigration Law in Florida

No, you must file a petition for this person and make them an employee on payroll with appropriate deductions. The person can be a java developer in H-1 status (not all jobs qualify). To hire him, he'd be an employee of your consulting company. If you control his work, then he would be your employee. If not, then the bank would have to file the H-1.

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Either two things will have to happen: (a) Your company or the bank will have to hire him as an employee and petition for his H-1B status transfer (or concurrent employment, if he is going to continue working for his current H-1B employer); or (b) a company which the employee owns can petition for him on the basis that it will be providing IT consulting services.

Either way, however, you run in the issue of "job shopping," which will require you to explain issues of agency control. For some companies, all they do is send their employees to work for other companies. Nevertheless, the Immigration Service takes the position that there is nothing in the regulations or law which precludes contractors from petitioning for H-1Bs and running a "job shop" provided (1) the contractor remains the employer of the alien and (2) has listed the employee's places of employment on the petition.

Sincerely,