Transferring H-1B Jobs To Your Own Business

Transferring H-1B Jobs To Your Own Business

H1B Visa

Although it may vary from case to case, processing for an H-1B transfer typically takes 4-8 weeks after the application has been submitted to USCIS. Other factors that affect the H-1B transfer process length is the location of employment and which USCIS processing center is responsible for the application. Check for H1B Visa Process in UT Evaluators.

The Federal Register’s Final Rule

The Department of Homeland Security’s Federal Register has implemented a new rule that took effect on January 17, 2017. This rule brought with it several changes to many aspects of the H-1B visa, including the H-1B visa transfer.

There is a section in the new rule that mentions the ability for an H-1B holder to switch employers in the same occupation. According to the new regulations, the I-485 Supplement J will now be the form required to prove that your status has been maintained and that you are eligible for an H-1B visa transfer to a new employer.

Along with the Supplement J, you will now be able to submit a wider variety of evidence through the regulation phrase “material and credible documentary evidence”. In the past, only evidence that was submitted by an approved federal entity would be considered for your H-1B transfer.

Now, you will be able to provide evidence from outside sources. Be sure to speak with your immigration attorney to learn what qualifies as approved evidence.

Transferring H-1B Jobs to Your Own Business

While there is no way to petition for yourself, there is a loophole that allows business owners to use their company to support their H-1B. To be able to transfer your H-1B status to your own business, you will have to have a system that does not include you being the sponsor. To know more info on H1B Visa visit Igc2016

A legitimate employer-employee relationship must exist, so how do you do that as the owner?

The most common practice (though this entire situation is uncommon) is to set up a CEO or board of directors that has the power to control your salary, dictate your tasks, and even fire you. This entity must sponsor you, as you cannot sponsor yourself.

Proving that an employer-employee relationship exists in this situation can be difficult, so if you’re planning on transferring your H-1B job to your own business, it’s best done with the help of an experienced attorney.

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