Eligibility of a new corporation for filing h1b transfer for an applicant ?

Asked over 1 year ago - San Jose, CA

How old should a corporation be before filing h1b transfer for a potential employee ( applicant ) ? is there any pre requisite from the corporation to be eligible to file h1b transfer ( apart from the client PO ) ?

Attorney answers (4)

  1. Giacomo Jacques Behar


    Contributor Level 20


    Lawyers agree

    Answered . There is no requirement for a petitioning company to have been in existence a certain number of years prior to being able to petition H-1B workers. In fact, many petitioners are new companies or even startups.

    The main factors in getting an H-1B petition approved are:
    1. The job offered must be such that it requires at least someone with a Bachelor's degree or higher to perform its duties; and
    2. The company must be able to justify such a position requirement.

    And, of course, the foreign national beneficiary's diploma and/or qualifications must be in the same field as the job offered.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  2. Alexander Joseph Segal

    Contributor Level 20


    Lawyers agree

    Answered . "Age" of the corporation Is not important, its ability to pay the wages is

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  3. Tripti Sharad Sharma


    Contributor Level 19


    Lawyer agrees

    Answered . The formation of the company is not as relevant as the funds the company should have to pay you.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known.... more
  4. Ricardo O'Neil Bernard

    Contributor Level 6


    Lawyers agree

    Answered . There is no time requirement required before filing.

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