Blog

Non-Immigrant? Qualify for H-1B Cap-Exempt By Creating Your Own Startup!

Non-Immigrant? Qualify for H-1B Cap-Exempt By Creating Your Own Startup!
USCIS acknowledges that a sole stockholder of a corporation can be employed by that corporation as the corporation is a separate legal entity from its owners and even its sole owner. See Matter of Aphrodite, 17 I&N Dec. 530 (BIA 1980).  However, an H-1B beneficiary/employee who owns a majority of the sponsoring entity and who reports to no one but him or herself may not be able to establish that a valid employment relationship exists in that the beneficiary, who is also the petitioner, cannot establish the requisite "control".  But, the beneficiary can be a member of the petitioner's Board of Directors, but, as one of three members, if the candidate is subject to be outvoted by the other two members of the Board over his/her own objection, including on a decision to remove the beneficiary from the Board. https://goo.gl/AOhzZZ 

at SMS text 415-373-6767
to confirm location
San Francisco, United States

no comment

Leave a Reply