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Does the position of a CTO/Chief Architect at a startup qualify for EB2 processing?
- Thread starter faczulin
- Start date
whitemimauz3
Registered Users (C)
faczulin
You ask this question to employer. What in normal conditions will the employer ask the potential candidates to possess, meaning minimum education and work experience required for position of CTO and Chief Architect, based on the answer send prevailing wage request to respective state SWA where your employer is located, they would comeback with SOC Code and prevailing wages, with this code you can look up onet online to find out the minimum education and work experience requirements according to DOL. Now if employer requirements are within range set by DOL, you would be ok with business necessity requirements. If requirements are excess, employer has to document why there is need for job position which exceeds normal requirements set by DOL
You ask this question to employer. What in normal conditions will the employer ask the potential candidates to possess, meaning minimum education and work experience required for position of CTO and Chief Architect, based on the answer send prevailing wage request to respective state SWA where your employer is located, they would comeback with SOC Code and prevailing wages, with this code you can look up onet online to find out the minimum education and work experience requirements according to DOL. Now if employer requirements are within range set by DOL, you would be ok with business necessity requirements. If requirements are excess, employer has to document why there is need for job position which exceeds normal requirements set by DOL
In this case, I would be the de facto employer. I would startup a company, appoint a CEO, and make myself a CTO. What I need to find out is whether it is reasonable for the employer to assert that the position of CTO requires a Ph.D. (or at least M.Sc.), so that we can file PERM for me in the EB2 track.
whitemimauz3
Registered Users (C)
If you look at ETA 9089 form, there is a question Sec C Q.9 Where it says to disclose familial relationship between alien/beneficiary and petitioner/owner. In absence of any thing this is construed as petitioner exercising undue influence over recruitment. Again it does not mean that you cannot follow this route. BTW if you hold Ph.d, are you not better off with filing under EB2 NIW or EB1 category
Concerned4us
Banned
In this case, I would be the de facto employerILLEGAL WORK. I would startup a company, appoint a CEO, and make myself a CTOILLEGAL WORK. What I need to find out is whether it is reasonable for the employer to assert that the position of CTO requires a Ph.D. (or at least M.Sc.), so that we can file PERM for me in the EB2 track.
You cannot be an employer. Your proposal does not pass the smell test. Any GC sponsor must be able to prove ability to pay. Since 90% of statups fail, you will have a hard time overcoming that statistic as well.
Suppose that I setup invisible ownership by means of having stock options or warrants of some sort, but not actual shares; would that take care of the relationship issue? I asked that to a lawyer, and her response seemed fuzzy. I'm looking for independent informed opinions. In terms of the financial prospects, I should be able to obtain reference letters from credible sources (people from government and/or large corporations) that this business is likely to succeed. Would that count for much?
Anyhow, suppose I clear the above obstacles, is it reasonable to assert that a CTO must have Ph.D.? I know one cannot hire a CEO this way because most CEOs only have B.Sc. I'm not sure how this translates to other management positions.
Anyhow, suppose I clear the above obstacles, is it reasonable to assert that a CTO must have Ph.D.? I know one cannot hire a CEO this way because most CEOs only have B.Sc. I'm not sure how this translates to other management positions.
Concerned4us
Banned
You appear to be attempting to work illegally in the US through some convoluted scheme. Simply work for a real, established company, and you will have no problem. Id and when you become an LPR, you can proceed with your business plan.
This a forum sponsored by a law firm. No poster should encourage you to commit an illegal act like you appear to be trying to do.
This a forum sponsored by a law firm. No poster should encourage you to commit an illegal act like you appear to be trying to do.
No, I am trying to find a perfectly legal scheme that allows me to continue my important work without violating xenophobic laws setup by a bunch of narrow minded people. The fact that something is convoluted certainly does not make it illegal. It is my understanding that the law consists of a finite number (N) of regulations, and if my scheme doesn't formally violate any of them, it is legal. You seem to be implying that there is something morally wrong with my idea. Existing laws obviously discriminate against me and are obviously in nobody's best interest, and there is certainly nothing morally wrong with me having the right to pursue my agenda just like any citizen would. I'd appreciate if we cut the morality out of it.
Whom are you calling xenophobic? How are the laws discriminating against you?No, I am trying to find a perfectly legal scheme that allows me to continue my important work without violating xenophobic laws setup by a bunch of narrow minded people. The fact that something is convoluted certainly does not make it illegal. It is my understanding that the law consists of a finite number (N) of regulations, and if my scheme doesn't formally violate any of them, it is legal. You seem to be implying that there is something morally wrong with my idea. Existing laws obviously discriminate against me and are obviously in nobody's best interest, and there is certainly nothing morally wrong with me having the right to pursue my agenda just like any citizen would. I'd appreciate if we cut the morality out of it.
are you for real? may i know which country are you from? I think by far this country has the most liberal immigration laws and policies. No one is forcing you to be here.
You can play with the rules and laws as you interpret but remember so does uscis and the courts.
As I have clearly stated, I am looking for a legal scheme, perhaps convoluted if it has to be such, that allows me to continue my work without violating any of the existing laws. I appreciate any constructive technical remarks. I came here to look for ways to exchange experiences, and to hear technical advice from people who may have had similar problems in the past. If you can offer technical advice, I would appreciate it. I have no interest in discussing morality or political views, and being rude towards me, and throwing bogus accusations of an illegal activity, does not advance this discussion.
Now, if you insist, I am a human being who, like every other human being, has every moral right to pursue happiness wherever I desire, and that right is not diminished or enlarged by the fact that I happened to be born somewhere. Poeple do not choose the place where they were born. It is entirely obvious that I have every moral right to live and work in the United States. I do not have a legal right to do that, and I am here to find a way to resolve this inconsistency. If you have a problem with that, perhaps you cannot help me, and that is also perfectly fine. Perhaps somebody else will. Thank you.
Now, if you insist, I am a human being who, like every other human being, has every moral right to pursue happiness wherever I desire, and that right is not diminished or enlarged by the fact that I happened to be born somewhere. Poeple do not choose the place where they were born. It is entirely obvious that I have every moral right to live and work in the United States. I do not have a legal right to do that, and I am here to find a way to resolve this inconsistency. If you have a problem with that, perhaps you cannot help me, and that is also perfectly fine. Perhaps somebody else will. Thank you.
I think you need a very competent immigration attorney who specializes in work visas. You will NOT get any specific advise / suggestion for your specific problem. Vast majority of people in this forum are considered as layman when it comes to immigration law and rules. If you want to stretch the law and bend the rules in your favor, you need a very good lawyer.As I have clearly stated, I am looking for a legal scheme, perhaps convoluted if it has to be such, that allows me to continue my work without violating any of the existing laws. I appreciate any constructive technical remarks. I came here to look for ways to exchange experiences, and to hear technical advice from people who may have had similar problems in the past. If you can offer technical advice, I would appreciate it. I have no interest in discussing morality or political views, and being rude towards me, and throwing bogus accusations of an illegal activity, does not advance this discussion.
Now, if you insist, I am a human being who, like every other human being, has every moral right to pursue happiness wherever I desire, and that right is not diminished or enlarged by the fact that I happened to be born somewhere. Poeple do not choose the place where they were born. It is entirely obvious that I have every moral right to live and work in the United States. I do not have a legal right to do that, and I am here to find a way to resolve this inconsistency. If you have a problem with that, perhaps you cannot help me, and that is also perfectly fine. Perhaps somebody else will. Thank you.
I have been following this forum for quite some time and I have not seen any post with someone getting a GC by his/her own company.
Although legally it is possible:
3 things required for a GC:
1) Labor mentioning the skill requirements that position needs, I am pretty sure that you can have a company with you being an indirect ownership hiring you as CTO (with your required skills)
2) Ability to pay: It will be tricky for you as your company has no money and the position (CTLO) you might have to pay high salary. Since company is making no moeny it will be at IO discretion that he approves or deny you application and hence it makes it risky/
3) Legal Status in this country.
This is just my opinion based on thingd i have learned but taking an advice from immigration lawyer will help you and I suggest you go to a good lawyer as sometimes its worth paying the big bucks.
Although legally it is possible:
3 things required for a GC:
1) Labor mentioning the skill requirements that position needs, I am pretty sure that you can have a company with you being an indirect ownership hiring you as CTO (with your required skills)
2) Ability to pay: It will be tricky for you as your company has no money and the position (CTLO) you might have to pay high salary. Since company is making no moeny it will be at IO discretion that he approves or deny you application and hence it makes it risky/
3) Legal Status in this country.
This is just my opinion based on thingd i have learned but taking an advice from immigration lawyer will help you and I suggest you go to a good lawyer as sometimes its worth paying the big bucks.
great guru
Volunteer Moderator
CTO for Start up
Why CTO PERM does not work irrespective of ownership for a start up.
CTO prevailing wages are very high. You must show three years consecutive profit balance sheet to cover up your operational expenses plus to pay CTO salary.
(i.e) CTO prevailing wage is $140 you must add 11% payroll taxes plus other benefits as surplus in your balance sheet each year.
Better option is Sr.Programmer/Analyst, Sr Application DBA etc , with requirements as BS with 10 years Exp or MS with 5 yrs or PHd with 2/3 yrs to qualify for EB2.
Why CTO PERM does not work irrespective of ownership for a start up.
CTO prevailing wages are very high. You must show three years consecutive profit balance sheet to cover up your operational expenses plus to pay CTO salary.
(i.e) CTO prevailing wage is $140 you must add 11% payroll taxes plus other benefits as surplus in your balance sheet each year.
Better option is Sr.Programmer/Analyst, Sr Application DBA etc , with requirements as BS with 10 years Exp or MS with 5 yrs or PHd with 2/3 yrs to qualify for EB2.