Own LLC - self sponsor

V

vikrantca

New Member
Hello,
Assume that I successfully start a company, we are 3 partners. each has a 33% stake in the company.
Can I sponsor my own H1b thru the company ? I will be working full time for the company if the H1 is approved.
Please can you point me to the right ins page regarding the concerned law/rules.

thankyou.
 
Vikrantca,

Couple of things:

1. I am sure you are aware that if you own 33%(anything more than 5%), then, your company cannot sponsor your GC. (Of course, your post does not speak about GC at all, and JoeF has answered the H1B question, but adding my 2 cents). If one of the aims of starting this company is to eventually get a GC through it either for yourself or one of your relatives, then that will not work.

2. To file for your H1, the company has to go through LCA process from the Dept Of Labor (check their website for details 'Hiring Foreign worker').

3. Nowadays, there are lots of questions from DOL about getting Foreign workers. You have to record your efforts of hiring a US National to do this job, and show that since you failed to get a US national you are planning to hire this foreign worker.

4. I have even heard that in some cases, depending on the job description you have provided, DOL sent a list of eligible candidates from its database to be considered.

5. Like JoeF said, it has to be in a Speciality skilled area (management is not one of them)

6. So as long as the other two of partner members of this LLC are US nationals or Permanent Residents, and they take up the management role on paper and make you as the technical non-managerial role, things should be fine.
 
Basic Question about it

Thanks for the replies.
My basic question is that if Iam a partner in the company, can the company sponsor (file) my H1B (not GC) ?
Wouldnt it be sponsoring myself ?

thank you.
 
Re: Re: Basic Question about it

That is a very GOOD answer JoeF.




Originally posted by JoeF
As I said, in principle, yes.
Hmm, no.
A company is a separate legal entity. This legal entity is represented by its management (CEO, CFO, etc.) They act for the company and would sign the paperwork for the H1. You are not in the management, since you don't have work authorization. The fact that you have an ownership interest in the company is (at least officially) irrelevant. USCIS will of course notice that, they are likely to check company paperwork to make sure that you are in fact not participating in company decisions. In essence, your investment has to be passive. All you can do is attend board meetings, and collect dividends.
If you get an H1, it is for a specific job. If that's an engineering job, for example, you are still not allowed to manage the company. Your investment would still be passive. Only if you managed to get an H1 for a management position (unlikely, as I explained before), then you have the work authorization to manage the company.
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