An EB-2 visa is an immigrant visa that allows foreign nationals who hold an advanced degree to obtain permanent U. You must be a member of the professions holding advanced degrees or their equivalent or because your exceptional ability in the arts, sciences, or business will substantially benefit the national economy, educational, or cultural interests or welfare of the U.
The NIW exemptions waives the job offer and labor certification requirements for an EB-2 visa if it is in the national interest of the U. These two requirements have been large barriers to obtaining permanent residence. Therefore, now, if an entrepreneur can show that his or her efforts will benefit the U. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure.
Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Schedule a Consultation Sapochnick Home. Schedule a Consultation Phone: Immigration Frequently Asked Questions. H-1B Visa: Self-Employed. Q: How do I demonstrate an employer-employee relationship if I own my own company? Q: How can I start my own business while I am already working for my original H-1B petitioning employer?
Q: I just started my business and want to ensure that I qualify for a self-sponsoring H-1B, what can I do? For this can be done as early as March 2 or as late as the last day to register for the lottery, March When creating the account, select "I am an H-1B registrant" as the account type. For , starting on March 9 at noon ET, registrants may then select "File a registration" from their online account and begin to register one or more prospective beneficiaries. If an attorney or other representative is providing the registration data, they will also create an online account, receive a passcode, and pass that on to the employer.
The employer then enters the passcode in the field below "File a registration" instead and will be able to examine the data entered by their representative. Duplicate entries for the same registrant and beneficiary are prohibited. If an employer submits duplicate registrations in the same fiscal year, the USCIS will consider all registrations filed by that company for that beneficiary to be invalid. Once the employer or representative has entered the required data and checked for errors, they will click on the button to submit, and be taken to pay.
Only when the fee has been paid will the registrations be considered submitted. For , the registration process closes at noon ET on March The USCIS will conduct a random selection on all registrations first to meet the 65, limitation; then a random selection for the additional 20, visas will be conducted among the remaining prospective beneficiaries with a U. A registrant's USCIS online account will show one of the four following statuses for each registration:.
On or before March 31, the USCIS will provide "selected" status changes online and a Notice of Selection will be sent to the registrant via the method selected upon registration. Registrants with selected beneficiaries have a day window to file a completed H-1B petition starting on April 1. See the Form I instructions for additional filing requirements. Various fees are associated with filing Form I, some of which apply only to certain employers:.
Applicable fees should be stapled to the bottom right corner of the top document. Employers should provide a duplicate copy of the petition, if necessary, and this duplicate copy should be clearly identified as "COPY" so that it is not mistaken for a duplicate filing. Once the Form I petition has been approved, the employer will receive a Form I Notice of Action declaring the petition approved.
The prospective H-1B worker must then apply to U. Once the worker arrives in the U. You may be trying to access this site from a secured browser on the server. Please enable scripts and reload this page. March 1, You may prove that the position is a specialty occupation position by submitting:.
Copies of past position announcements, if relevant, that reflect the minimum requirements for the position and which show that your company normally requires a degree for the position. Written opinions from experts in the field explaining how the degree is related to the role you will perform. The H-1B position must be in a specialty occupation related to your field of study.
Documentation to submit to show that the position is related to your degree includes:. A detailed explanation of the specific duties of the position, the product or service your company provides, or the complex nature of the role you will perform, and how your degree relates to the role.
Printouts from online resources describing the degree fields normally associated with the occupation. Evidence that similar companies in your industry require similar degrees for similar positions. The salary paid by the employer must at least the prevailing wage for your occupation. The employer submits the certified signed and dated LCA as an attestation that they agree to pay a salary that is equal to or above the prevailing wage. He wants to start his own accounting firm.
Before becoming a permanent resident I held E-2 Visa status based on the investment I made on my own law firm. However, the E-2 Visa option is only for citizens of Treaty Countries. The spouse and minor children of an H1B Visa holder can also come to the U.
As long as the owner of the H1B Visa remains in a legal status, the H-4 holder is allowed to remain in the United States, too.
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