H1B question from small business owner

[raj1d]

Hello,

I work for a small business with less then 5 employees and we are looking to hire an engineer from India and apply a H1B visa on his behalf.

Questions:

1) We are a startup with limited revenue but we will have enough resources to pay the prospective employee, will this be an issue? Or is there minimum revenue required for the business before we can apply for H1B visa?

2) Also, is the probability of getting visa is more difficult because we are a small business? All our current employees are citizens or green card holders and this is the first H1B visa application for us.

3) What is the typical cost for applying a H1B visa? And what are the typical costs for a good lawyer?

I would really appreciate any help in this regard.

 

[Jim Mills]

1) We are a startup with limited revenue but we will have enough resources to pay the prospective employee, will this be an issue? Or is there minimum revenue required for the business before we can apply for H1B visa?

Ability to pay is not technically a requirement for an H-1B visa. HOWEVER, the service frequently requests proof that the job offer is bona fide and without an ability to pay the wage offered it is impossible to truely offer someone a job. There is no minimum but it is subject to analysis and challenge by the service.

2) Also, is the probability of getting visa is more difficult because we are a small business? All our current employees are citizens or green card holders and this is the first H1B visa application for us.

Yes, again, small businesses are frequently required to show that they really exist and operate as a business (i.e. they do something and provide some service or product, that they have business premises, that they have business accounts, insurance and other indicia of a business and that they are properly incorporated (if a corporation) and registered to conduct business). Payroll and tax records are sometimes requested along with numerous other materials.

3) What is the typical cost for applying a H1B visa? And what are the typical costs for a good lawyer?

It varies. I've seen attorneys do H-1B processing for $500 and I have seen charges over $5000 (not including filing fees, which are substantial now). Be sure that the attorney is familiar with H-1B filings since immigration law is quite specialized.