Skip to main content

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.

+ Read More

Attorney answers 3

Best Answer

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.

I am a lawyer but I am not your lawyer unless we have spoken and we have entered into an attorney-client relationship. Due to the nature of this forum, I often do not have all the information required to provide legal advice. Accordingly, my responses on Avvo are intended as general and not legal advice.


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.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.



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?


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