VISA2US Blog

Recent proposed changes to the traditional H-1B visa program have entrepreneurs sitting up and taking notes. Now, those looking to work for themselves could technically be sponsored by their company, changing the definition of “US employer” and streamlining the process of obtaining an H-1B visa. Customarily, H-1B visas are only available through a job sponsor, but now, if the proposal goes through, a beneficiary may own a controlling interest in their sponsor’s company. This suggested change has the potential to make a substantial impact on those who have waited for a visa for years. How would the new H-1B rules make it easier for entrepreneurs? We have the details here.

For decades, the US has relied upon foreign workers to fill vital positions in the labor market, including both skilled and unskilled jobs. In more recent years, the focus has shifted to ensure critical industries, such as science, technology, engineering, and mathematics (STEM), are taken care of through work visas such as the H-1B. This program has been in place since 1990 and is run by the US Citizenship and Immigration Services (USCIS). Since its implementation, the H-1B program has significantly impacted the US economy, and we’ll discuss the effects here.

The USCIS policy memo has adjusted the language of several EB1A regulatory criteria, in some cases rendering these criteria more readily applicable to our clients.

Since the pandemic, the world has moved to an increasingly online business presence. This makes it possible for burgeoning entrepreneurs to feel safe stepping out of the corporate box and starting a business of their own. These individuals and their associated companies, known as “startups,” may want to hire foreign workers outside of the United States, but they need a visa to do so. The most popular work visa is the H-1B, but is this a potential avenue for startups? Read on to find out.

Obtaining an H-1B visa as a specialty worker is a competitive process. There are more applicants than available visas, and a random lottery to win before USCIS begins to scrutinize your petition. One of the factors that can make or break your H-1B approval is the company you choose to accept as your sponsor. Large companies are often already in the system at the Department of Labor and USCIS, but small businesses, by nature, use fewer H-1B employees. Should you accept an offer of H-1B sponsorship from a lesser-known company? We’ll explain the pros and cons here.

According to USCIS, a student on a visa is, well, a student. Therefore, they should devote their time to studies, not to earning an income. Students aren’t allowed to receive Employment Authorization Documents. They can go to school and perform in after-school activities, such as clubs and sports. This has been a non-issue for most foreign student-athletes on a non-immigrant visa. Yet, the current changes in NCAA policy — the National College Athlete Association — could impact all of this.

The H-1B visa is a versatile way to enter the United States as a foreign worker. It also has the benefit of being “dual intent,” so once you’re in the country, you can start taking steps to obtaing your green card if you choose to do so.

Because of the unique positioning of non-immigrants in OPT, the H1-B remains an attractive option to change statuses and also continue living in the United States with an above-the-market-rate salary.

NIW applicants can also apply for this special green card if they are entrepreneurs who have a history of bringing products and/or services to the market.