第 12 楼
H-1B身份可否有自己的公司
发信站: BBS 未名空间站 (Thu Sep 7 15:18:59 2006)
By Jan Krasny
对于H-1B身份的持有人是被允许建立自己的公司的,但是有一定的条例限制。同时,尽
管申请人本来已经是H-1B的身份,只要符合条件,也可以同时以自己的公司申请H-1B。
以下为有关信息,以供大家参考:
United States offers a very pro-entrepreneurial environment and various
benefits that are available to those that start their own businesses. As an
H-1b holder you are also able to take advantage of these opportunities by
starting your own firm. But there are certain limitations, for example, an
H-1b beneficiary cannot work for his/her company until they acquire a
separate H-1b to work for that company. Another limitation is that a H-1b
beneficiary cannot form an S-corporation. This type of an enterprise does
not allow nonresident aliens (such as H-1b beneficiaries) to be shareholders
. However, an H-1b beneficiary has other options - there are no
citizenship or residence requirements for ownership of a C corporation or a
Limited Liability Company.
Once the H-1b beneficiary starts the company, the H-1b beneficiary will not
be able to actually work for this company without first getting a permission
from USCIS. The H-1b beneficiary could hire a U.S. citizen or permanent
resident to manage and run the company, and this would bypass the permission
requirement from USCIS, although it would mean that the H-1b beneficiary
could not do any work for the company. Alternatively if the H-1b
beneficiary wants to work for the company, the company could apply for an H-
1b visa for him or her. Under this option, the company has to convince
USCIS that it is a real, legitimate enterprise and will be able to generate
sufficient revenue to pay the beneficiary position’s prevailing wage.
Additionally, USCIS will want to see a business plan, copies of contracts
with client companies, a business lease, and other information that shows
the legitimacy of the company. Aside from proving that the company is a
real enterprise, the company and the beneficiary will have to meet all of
the other H-1b requirements (such as the specialty occupation requirement).
Due to its highly complicated nature it is advisable to consult an attorney
to devise a workable strategy for this process.

我是网站清洁工。