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I see a few people suggesting that you start a new entity and have that company hire you. Be very careful about this since the DHS specifically tries to prevent
by dikbrouwer 15y ago
I see a few people suggesting that you start a new entity and have that company hire you. Be very careful about this since the DHS specifically tries to prevent this type of setup. In fact, it is very difficult for a startup to prove that they are a 'real company', and having paid employees, an office (pictures help), and money in the bank are almost a must. I've been through this a bunch of times (even with companies that have raised a series A), and it still took 4 months of writing letters before the case was approved.
Secondly, don't make the mistake of trying to hire yourself as the CEO/CFO/C-something, since an H-1B only applies to a 'specialty occupation' as was correctly pointed out. This means that it is much easier to convince the DHS that you are eligible for a visa if you are 'applying' as an engineer, product designer or what have you vs. a general management/C-level position.