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Can I get a H-1B visa working for my friend's small business after college?

Washington, DC |

My friend's business is really small. 3 people work for it.

Attorney Answers 5


  1. He would have to demonstrate that he has work to employ you in a qualifying occupation and the funds to pay you.


  2. Even small businesses can file H1B petitions as long as they have the income to pay the prevailing wage and the position is a qualifying professional position which you are qualified for.


  3. Yes, but it will probably be a very difficult case due to the size of the employer.

    Your employer needs to retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise them, and handle the case.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  4. Yes. The size of a petitioning business while relevant, is not the only
    determinative factor. More important is the employer's need for your
    services (i.e. the job you will be undertaking) and your qualifications
    for that job.

    Consult with an experienced immigration attorney who can advise as to
    eligibility and recommend how best to proceed.

    ** PLEASE NOTE OUR NEW ADDRESS EFFECTIVE 10/29/2012:

    While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation.


  5. Yes, it's possible. But the case must be prepared very carefully, and the position must a specialty occupation that is appropriate for a small business. You should hire an experienced H-1B attorney to prepare the case. I'll be happy to talk to you about it.

    The statement above does not create an attorney-client relationship. It is intended as general information only and it is not a substitute for legal advice. You should consult with a licensed attorney to discuss the specific facts and circumstances of your case.

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