Update: October 2024?Since sharing my H1B self-sponsorship story:
- Our WhatsApp community "H1B Founders" has grown to 700+ aspiring founders and immigrant entrepreneurs
- Launched h1bfounders.com
as a dedicated resource hub
- Met incredible talent - including our designer at Renovate AI who came from this community
- Hosting regular sessions with immigration experts and building comprehensive resources for the community
Despite packed DMs, I'm committed to helping others navigate this journey.
Today I received a receipt notice from USCIS accepting the petition for an H1B worker - me - from a US company 'Trial and Error, Inc' - founded by me. I share this in hope that it helps motivate, inform or inspire anyone on employment based visa track in the US.
The visa information on the internet is confusing at best and misleading at worst. It is similar to self-service webMD medical advice. You search for cold symptoms and end up on a page diagnosing cancer. I hope AI can change this for legal work. But until then the best we can do is share our stories.
I will answer any DM on this topics. I know the struggle and desperation of living on a perennial visa cycle with ZERO safety net. Feel free to reach out.
I am listing below some broad facts. There are nuances and details as the immigration system is overly complicated with many layers. You should consult an attorney for any legal paperwork.
- I founded Trial and Error, Inc - an AI native startup with the vision of bringing superhuman productive to niche markets. No visa class restricts you from being a founder as long as you maintain your current status. Fun fact: You can start a US company from anywhere around the world. My friends in India have US companies.
- You can be a founder. You can be a passive investor. The compliance issues kicks in when you start actively working on a W2 payroll for any employer including your own company. I with many I know, on H1B and F1 visas, have lived a dreaded myth of entrepreneurship jeopardizing the visa status. That is incorrect.
- The primary rule for H1B sponsorship is to show an employer-employee relationship. In other words, the company should exist even if you don't. The entity I founded has a board. The board can fire me. This satisfies the H1B employment rule.
- You cannot underpay an H1B worker. So you have to draw market rate salary for your title. This avoids worker exploitation which is good. But this doesn't help founders who want to bootstrap their companies sleeping on the couch and eating ramen for all meals. I had saved enough money to fund my company. I took the risk. The machine we built broke even a few months ago. With a bank balance and ability to pay the salary we filed the H1B.
The market rate salary requirement is a specific limitation of H1B visa. The alternative is the O1 visa which allows the beneficiary to take a lower wage. Many founders prefer the O1 route especially coming in directly to the US.
Director and CEO, WHOMENTORSDOTCOM INC. and Founder, 1B USD WorldWide Venture Capital Fund
3 周One does not actually self-employ or self-sponsor oneself in any precise sense of the H-1B program. Matter of Allan Gee, Inc, 17 I&N Dec. 296 (Reg’l Comm’r 1979) states, "When a petitioner corporation has been duly incorporated under the laws of a State, it is a separate legal entity existing independently of its stockholder. Therefore, that sole stockholder may be the beneficiary of a petition filed by the corporation. Under these circumstances, the beneficiary will not be regarded as his own petitioner/employer;" and, Matter of Tessel, 17 I&N Dec. 31 (Act. Assoc. Comm’r 1980) states, "The corporation is a separate legal entity from its stockholders, able to employ them and to file a petition on their behalf." Chair of the board of a "for profit" petitioner is a corporate officer position that requires work authorization to be a signatory (sign in an official capacity) the ETA-9035 Labor Condition Application (LCA) and Form I-129 Petition). I train how to incorporate your own United States employer as nonprofit research organization (approved for research) to be the sole volunteer director and volunteer corporate officer and sole beneficiary of H-1B cap subject and/or H-1B cap exempt employment authorization.
Founder @ Renovate AI | Trial and Error, Inc.
1 个月UPDATE: Since this post reached 150K+ people, we've built h1bfounders.com with resources and a community of 700+ aspiring founders. Join us TONIGHT (8PM EST) - bringing my immigration attorney to walk through the exact process of H1B sponsorship for founders. Details here: https://community.h1bfounders.com/p/live-today-how-founders-can-sponsor
Process Transformation Leader | Healthcare Product Strategist | Change Leader | Lean Practitioner| Cognitive Automation & Digital Transformation | Join my network for process insights and strategies!
4 个月Very informative Sid. Thank you! Been struggling with this. Will dm you here in a few.
Recent graduate I Worked as a Functional consultant for ADP I Seeking job opportunities in HR / IT
7 个月I need your guidance. How do we connect on this matter?