H1-B visa qualifying criteria for employer


I'm a non US citizen, member of a US Domestic LLC formed last year.

The LLC pays taxes in the US, has both EIN and DUNS and has no employees yet.

I would like to sponsor a non US citizen individual for an H1-B visa. This individual has a PhD degree and will have a contract with a public agency.

As I am a non US citizen and a non US resident, is it possible for me to do the H1-B sponsorship process for a non US citizen?


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asked Jan 14 '12 at 01:57
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2 Answers


You (personally) cannot apply for H-1b at all. But your company can.
Your company is registered in the US, which means it can apply for the H-1b sponsorship. It does not matter who are the owners of this company. I was on H-1b while working for an LLC that was partly owned by non-US citizen.

Couple of things to keep in mind:
1. The company should be big enough to prove that it's a real company (e.g. has office, enough revenue, etc).
2. The quota for this fiscal year has been fulfilled already, so you can only apply on April, 1st or later and the employee can start working on October, 1st or later. So basically if you decide to go ahead with it - you will have to wait for more than 6 months.

answered Feb 16 '12 at 05:07
970 points
  • nice answer thanks :) – Tchitcho 12 years ago


I would talk to an immigration lawyer to get this done but in general I don't see any reason that an LLC based in the US can't sponsor an H-1B visa for someone but only the lawyer would know the requirements you would need to meet to get this accomplished.

answered Jan 17 '12 at 01:57
1,779 points

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