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H1B Business | Can an H1B Start A Business? - Startup Business Bureau

H1B Business | Can an H1B Start A Business?

h1b business

An H1b is a visa USA especially designed for the foreign worker to come to the USA and work in special fields. The United States issues this h1b business visa under the Immigration and Nationality Act.

Nowadays H1b business visa is in high demand. There are certain reasons for it. This kind of visa is much universal as compare to other visas. It allows the nationals of the other countries to join the work in a company working in the USA. Many people have doubts that can H1b start a business. So the answer to it is positive, you can, but the scrutiny for this purpose is stringent.

What USCIS policy on H1b business

The policy about the business doing based on H1b is not certain. USCIS is not clear about h1b business doing. Before 2010 it was obvious that H1b visa holders should have to solely for the employer. He can start the business based on H1b but cannot work for it.

USCIS Memorandum 2010 

h1b business uscis

This memorandum worked as clearing many doubts about h1b visa holders. It clarifies that h1b can do business and also can work for it. But some terms and conditions should be considered. There are some key points of the memorandum.

  1. The H1b can start a business with a partnership. He cannot be a sole proprietor.
  2. The position which he holds in business should also require a bachelor’s or master’s degree.
  3. The business should have the purpose of hiring highly qualified Americans for the job. In this way, the issue of unemployment will be minimized.
  4. The nature of business should be genuine and should not only secure an H1b visa.

Eligibility Criteria for H-1b Business

If you want to obtain a visa of H1b for business purposes. You should have to complete all the said requirements;

  1. An offer of a job from the US employer of highly qualified and on high position.
  2. Minimum a bachelor degree and should be relevant to the field.
  3. There is the existence of the relationship between employer and employee.

USCIS will assure the validity of the case when anyone applies for an H-1b visa. I find anything which is not according to the policy of its rules and regulations or anything ambiguous it can ask for clarification or reject it.

Steps to start a business on H1B

h1b business administration and management

As you understand very well what USCIS says about doing business on H-1B. So we have decided to develop the ways which are according to the policies of USCIS.

  • The first and foremost is to remain loyal to your sponsor. It is because of your sponsor you are having the status of H1b status. As long as you have a relation with your employer, you will face no problem. So in the case of starting your own business, you still have to continue your work for your sponsor.
  • So on h1b business can be started, if you do as an investor. No one will stop investing money in any business. There is no restriction if you invest your amount in the company or business unless you provide your all services.
  • The third step is hiring a person or a group of people for your business’s smooth running. It means you have to put your money in the business and hire someone who can actually handle the business carefully. The business can only be successful if you hire specialized people to draw out some good profit.
  •  The fourth and last step is to look after the business as a guardian. You cannot actively take part in the business but take an eye upon the business’s matters.

Duration of Stay on H1B

The tenure for which h1b visa is granted for the period of three years. It can also extend to three more years. So it is six years in total. If anyone wants to get more extension, he will have to apply again, and all the process will be repeated the first time likewise.

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