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

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

Posted

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.

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Posted

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.

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1 comment

Asker

Posted

Yes, It is a corporation. So the identity of the corporation is important not the citizen status of the owner. It has 5 employees. What are the minimum requirements that it can be approved?

Posted

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

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