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Difficulties of Obtaining H-1B Visas for Employees of Small or Start-Up Companies

Two years ago, U.S. Citizenship and Immigration Services (USCIS) announced an initiative to support small and start-up business to obtain the workers they need.  Most foreign, professional level workers are hired through the H-1B Visa process.  To date, smaller or start-up companies still encounter certain difficulties when applying for H-1B visas:

  • USCIS sometimes claims that there is no legitimate offer of “employment,” where a smaller company tries to hire a foreign worker for a senior position.  The implication is that the foreign worker is the company’s owner or a “friend.”  
  • USCIS sometimes digs deep into a sponsoring company’s paperwork and work facilities, to ensure there is sufficient, actual, professional-level work to justify hiring the foreign employee.

These USCIS practices have discouraged many smaller companies from applying for H-1B visas.  However, in some cases, one can overcome the government’s objections.

Contact one of our experienced immigration attorneys to discuss whether your company can qualify to sponsor a foreign, H-1B worker.

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