Legal Question in Immigration Law in Georgia

Re: could an H-1B or H4 starts a company

Thank you for your inquiry. It is possible to obtain an H-1B to work for your own company, however you will need to show that the company can pay the prevailing wage for your position. This is shown normally through financial statements, tax returns, etc. for previous year(s). With a start-up company it is possible to apply for an H-1B as long as one can show pending contracts, upcoming work, etc.

You possibly could qualify for an L-1A visa (if you have a company based abroad related to the new U.S. business and if you have worked for the foreign company in a managerial or executive capacity for at least one year in the last three). The L-1A is much easier to obtain for a start-up company. The E-2 visa category may also be an alternative.

You had mentioned that you could be volunteering your time. It is permissible for a foreign national to own a company in the U.S. As long as you are not working for or being paid by your company you could start a company and once things are up and running apply for an H-1B for yourself.

I can better advise you if you supply me with additional facts. To that end, please feel free to call me directly at 619.233.0900.

Sincerely,