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What is the requirement for a company to sponsor H1B visa?

Santa Clara, CA |

If it is a start up, has not made revenue, but raised $1M recently. Can they sponsor H1B visa? And what is the criteria to qualify the eligibility of sponsorship?

Attorney Answers 4


  1. Usually you will set up a meeting with a qualified immigration attorney to understand the requirements in your specific case. You will find general information on the internet on various websites to do your homework. It is ideal to lay out all requirements here.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.


  2. The answer to your question requires a detailed (paid) consultation with an immigration lawyer as to your particular situation. Otherwise all the general information you are seeking is available all over the net,

    Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  3. www.uscis.gov i a good place to start your research. After that, an immigration attorney on a consultation. In theory, any legitimate legal entity may do that provides they seeking to fill a position which is a specialty occupation.

    The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.


  4. A start up is not precluded in filing H1Bs, as long as they can meet the criteria for an H1B. For a start up the USCIS tends to focus on the product – is it real, viable and can it/company employ an H1B in a specialty occupation. A qualified attorney can help you present your arguments to the USCIS. If you have already raised 1 million, sounds viable to me, give it a try!

    Ms. Ritter has over fifteen years of immigration experience, a former INS Officer and Santa Clara Valley AILA Board Member. The response given is for informational purposes only, general in nature, and should not be construed as legal advice on the topic, nor does it establish an attorney client relationships. You are encouraged to seek a qualified attorney for a complete review of the issue.

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