An employer who has a green card can apply for H-1B?

Asked about 1 year ago - San Diego, CA

I am working in a company as IT manager and my employer is not a US citizen and just has green card. I wonder if he can apply for H-1B for me?
I'd appreciate your answers.

Attorney answers (3)

  1. Maria J. Marty


    Contributor Level 17


    Lawyers agree

    Best Answer
    chosen by asker

    Answered . His immigration status doesn't matter, its the U.S. company that must sponsor you for the H-1B. Small companies sometimes struggle with evidencing the ability to pay the wage, but thats not always the case. If they are willing to pay the costs of the visa processing and attorney fees, its worth checking it out with an immigration attorney.

    I am a lawyer but I am not your lawyer unless we have spoken and we have entered into an attorney-client... more
  2. F. J. Capriotti III

    Contributor Level 20


    Lawyers agree

    Answered . Hopefully it is a corporation ,... that is a US citizen and can do the papers.

    If it is such a small company that they haven't become a corporation ... then you should probably keep looking for work ... small companies have a hard time getting H visas.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  3. Karen-Lee Pollak

    Contributor Level 19


    Lawyers agree

    Answered . His company can sponsor you for H1B. He cannot personally sponsor you

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There are many types of immigrant and non-immigrant visas, including work visas, student visas, and marriage visas.

H1B speciality occupation visa

If you have special skills and the right experience, you might be eligible for a H-1B visa if there is a shortage of qualified workers.

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