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Applying For Work Visa

Hi

I recently opened a company in Virginia (LLC).
I'm 50% share holder. My status is B2.

Can i hire myself as a manager or president, thus apply for H1B visa.
Thank you

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Attorney answers (1)

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Reputation Level 19
Speak with an attorney about this. While it is in theory possible, it is a very complex petition.

USCIS tends to question new companies to begin with - their capitalization, ability to pay prevailing wage, etc. Substantial ownership by the sponsored H-1B employee tends to make them question whether there is in fact a "bona fide" (honest, legitimate) job offer or whether this is some sort of "scam" to get a visa for someone - or just to get around the more restrictive/stringent demands of the investor visa category.

USCIS will look VERY hard at this business, its capitalization, how many other workers it employees, and other aspects of its operations. It tends to be very difficult to get an H-1B visa approved in a situation such as this, and very often another visa type (E-1/E-2, L-1A, or even O-1) is more appropriate.

Speak with an attorney about the specifics of your venture and your plans for it to determine the most appropriate way forward.
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