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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 1611
Experience:  Run my own successful business/contract law practice.
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USCIS recently announced option for H1B Visa workers in US

Customer Question

USCIS recently announced option for H1B Visa workers in US can self-sponsor H1B visa by starting a company, provided the business is structured in specific way.

Here is the a snippet that explain how the business have to be structured.

H-1B Self-Sponsorship Possible With Specific Corporate Governance Structure

USCIS has clarified the rules with respect to H-1B temporary work visas for the benefit of foreign entrepreneurs. An H-1B petition would still have to show the employer-employee relationship between the sponsor entity and the entrepreneur; but in cases where the foreign entrepreneur is also an owner, USCIS has clarified that this can be done by structuring the company’s corporate governance in a way to allow a board (or similar entity) to exercise control over the entrepreneur (and employee). For example, if there is a board of directors (or a committee of the board) which has the right to control (including to hire and fire) the entrepreneur-employee, then USCIS, under the new clarification, should deem that the right to control has been established.

My question
I plan to start a business based on a Website/Blog. I want to know what kind of structure would suit as per above requirements.

How can I create a business structure with board, who would have control over hiring and firing me and at same time I will still have ownership of the company.

I don't want to give some board to sell the company when I'm the actual owner.

Is it possible to have a such a structure and how?

Submitted: 5 years ago.
Category: Business Law
Expert:  Expert_James replied 5 years ago.
That depends entirely on the state in which the business entity exists, and the rules for corporations in that state.
Customer: replied 5 years ago.
I would have to register a new entity. I live in NC, but open to register an entity in other states (Delaware, Nevada, Wyoming, ..) that would have support registering a strucucture that satisfies the USCIS requirements.
Expert:  Expert_James replied 5 years ago.
Unfortunately, I cannot go state by state to determine this for you. My job is to give you general information only, not to provide specific actions you should take next. If you can tell me which stats you plan to register the entity, I might be able to help you with the business structure.
Customer: replied 5 years ago.
Ok, No problem.

Can you explain it for Wyoming?
Expert:  Expert_James replied 5 years ago.
I will go ahead and send you to the "Business Law" topic area, where someone who is more qualified can help you out. This is no longer an immigration question.

If you do have immigration questions in the future, please put "LONGHORN LAWYER" in the subject line or beginning of your email and I will answer it for you.
Customer: replied 5 years ago.
Ok. Thanks.

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