H1B sponsored by a small company

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ND022202

Registered Users (C)
Guys,

I apologize for posting non-485 question here. But... just share your thoughts.
Here is the situation. I'm helping a guy to get here on H1B, he is an IT person with 2 year experience. We have found a sponsoring company. It is rather small, say about 6 people last year with 300k revenues/30K profit according to last year tax returns. But they are projecting a very fast growth, like triple annually. This expectations will be mentioned in the I129 petition. Here are the questions.

1. Do we need to provide any supporting information to confirm projected growth and what it might be, or just a statment in the petition letter is enough.

2. If I129 is approved here, is there any possibility that a consulate will deny visa on the grounds that profit is not enough to pay the guy.

I appreciate very much any opinions.
 
My opinion is that a case can be made that:
1. the company is in good standing, taxes paid
2. the company is profitable
3. the company expects to pay future OPEX out of future revenues
4. The H1 hiring is required to expand and generate future revenues...etc. etc.
5. The company is engaged in the business of such and such that helps American industry in the areas of... and needs to expand to better serve its customers
6. Reputable client list (?)

Additionlly, if enough substantiation (order book) can be shown, I do not think BCIS will risk speculating on future profitability of the company and try to make that a grounds for denial.
 
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ND022202,

Just realized you are asking a consulate issue.
That is dept. of State and a whole diff ball-game.
Sugestion is to get a Certificate of Good Standing for the company from Secretary of the State in which incorporated ($20, in most states) and all the other documentation...taxes filed, customer list, order book and of course I-129 :)
 
niladri30, thanks for the input.
Do I understand you correctly, that while having I129 approved, a person can be denied visa on the stage of consular interview not because of his personal reasons but because of company issues?
Say, we got I129 approved, the guy is called for interview in the consulate, the officer says, you are a good guy, but they are unable to pay you, sorry.
 
Unfortunately, yes.

BCIS is with Department of Justice while consulates are with Deptt. of State, and take perverse pleasure in putting each other down.

However, all depends on the particular consular officer, who may not even want to see any other paperwork other than the H1B approval.

Being on one's best behavior also helps. Many years ago when I was visiting the US on a B1 for the first time with two other co-workers, the only fathomable reason for my getting a one year multiple entry versus their 3 month single entry seemed to be that I wished the consular officer at the end of the interview to have a nice day!

Go figure!
 
Great, I agree with what you're saying. I travelled myself quite a bit and I know how much depends on the officer. But in the case of I129, I thought the main concern is just who you are.
Okay, we'll pay attention to that. Thanks again for very valuable input.
 
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