H-1B visa is a non-immigrant visa that permits a company to hire workers in specialty occupations. This visa category requires that the beneficiary (the foreign worker) have a bachelor’s degree, and the petitioner (the U.S. company) can employ the worker for up to six years.
Does the H-1B employer have to be a LLC or corporation?
Immigration Regulations define an H-B employer as “a person, firm, corporation, contractor, or other association, or organization in the United States which:
- Engages a person to work within the United States;
- Has an employer-employee relationship with respect to employees under this part, as indicated by the fact that it may hire, pay, fire, supervise, or otherwise control the work of any such employee; and
- Has an Internal Revenue Service Tax identification number.
It is clear from the definition above that the H-1B employer does not necessarily have to be a corporation.
Additionally, in 1993, the Director of INS wrote a Memo in which she indicated that “petitions may be filed by an owner of a sole proprietorship or a partner in a partnership provided that the petitioner meets the definition of the term U.S. employer” (see above). In most cases the H-1B sponsor is indeed a corporation or a limited liability company, or some other type of business entity, but it is possible to sponsor an H-1B employee for a visa even if you are a sole proprietor/if you have a partnership.
Is H-1B visa only for large companies?
No. Many people think that the H-1B sponsor must be a large U.S. company with hundreds of employees, but that is not correct. Any U.S. employer that meets the definition above can sponsor an H-1B employee.
Please click here to read more about the H-1B lottery.
Please click here to read more about the 2021 H-1B registration.
You can set up a consultation by clicking the link below.
This website and blog constitutes attorney advertising. Do not consider anything in this website or blog legal advice and nothing in this website constitutes an attorney-client relationship being formed. Set up a one-hour consultation with us before acting on anything you read here. Past results are no guarantee of future results and prior results do not imply or predict future results. Each case is different and must be judged on its own merits.