Legal Question in Immigration Law in New York

Re: H1B visa application through NGO

This is a complex question that is very fact-specific but there may be a possibility to structure additional employment by another, corporate employer concurrently with your employment by the NGO.

For an NGO to "outsource" your personal services to another company would probably be unusual because of the not-for-profit nature of your employer. Again, it would depend on the scope of the NGO's activities and patterns of its operations. Doing something just to get you work with another entity is unlikely to be justifiable to USCIS. Some industries have a history of outsourcing H-1b employees but even then the government has not always accepted the employers' arguments that they continue to employ those employees sent to clients' sites in the full sense of the term.

In any event, if you are thinking of a second employer of record, that company would still need to petition for you separately and if it is subject to the H-1b cap, it won't happen until April 2008 for the filing and October 2008 for the start of employment.

Seek advice of an immigration attorney if you want to explore your options.

The above reply is in the nature of general information, is not legal advice and should not be relied on as such.