MAZUR BROOKS, A PROFESSIONAL LAW CORPORATION​  |  2355 RED ROCK ST., STE 100  |  LAS VEGAS, NEVADA 89146

H-1B Visa (Specialty Occupation)


You may be eligible for an H-1B visa if you are planning to work for the business you start in the United States in an occupation that normally requires a bachelor’s degree or higher in a related field of study (e.g., engineers, scientists or mathematicians), and you have at least a bachelor’s degree or equivalent in a field related to the position.


  • Initial period of stay in the United States: Up to 3 years.
  • Extensions possible in up to 3 year increments.
  • Maximum period of stay generally 6 years (extensions beyond 6 years may be possible).


Issues for consideration:


Requirement 1 - You must have an employer-employee relationship with the petitioning U.S. employer.

In general, a valid employer-employee relationship is determined by whether the U.S. employer may hire, pay, fire, supervise or otherwise control the work of the H-1B worker. In some cases, the sole or majority owner of the petitioning company or organization may be able to establish a valid employer-employee relationship, if the facts show that the petitioning entity has the right to control the beneficiary’s employment.


What if I own my own company?

If you own your company you may be able to demonstrate that an employer-employee relationship exists if the control of your work is exercised by others.  For example, if your company has a board of directors, preferred shareholders, investors, or other factors that show your organization has the right to control the terms and conditions of your employment (namely the right to hire, fire, pay, supervise or otherwise control the terms and conditions of your employment), then you may be able to meet this requirement. Some of the evidence you may submit to demonstrate the distinction between your ownership interest and the right to control your employment includes:         

       

  • Term Sheet
  • Capitalization Table
  • Stock purchase Agreement
  • Investor rights Agreement
  • Voting Agreement
  • Organizational documents and operating agreements


Requirement 2 - Your job must qualify as a specialty occupation by meeting one of the following criteria:


  • A bachelor’s degree or higher degree or its equivalent is normally the minimum requirement for the particular position; 
  • The degree requirement is common for this position in the industry, or the job is so complex or unique that it can only be performed by someone with at least a bachelor's degree in a field related to the position;
  • The employer normally requires a degree or its equivalent for the position; or
  • The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor's or higher degree. 




T 702.564.3128