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Updated US immigration rules: H1-B can work for own company

washingtonpost.com

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Re: Updated US immigration rules: H1-B can work for own company

#3
Wait, are they saying I can create a company on my own, no holds attached and go work for it? (minimum investment etc.)

A few questions - does it let me build apps and publish them to the Appstore to make money? (Since that doesn't count as working fulltime for the company I assume).

How do they prevent Masters students who are on an OPT from creating their own companies and sponsoring a H1B for themselves? No regulations on the amount of investment required?

If both of the above are possible .. well, mind=blown.

Re: Updated US immigration rules: H1-B can work for own company

#4
post #3

Wait, are they saying I can create a company on my own, no holds attached and go work for it? (minimum investment etc.) A few questions - does it let me build apps and publish them to the Appstore to make money? (Since that doesn't count as working fulltime for the company I assume). How do they prevent Masters students who are on an OPT from creating their own companies and sponsoring a H1B for themselves? No regula…

No, they are not saying that:

"... business owners on H1-B visas could work for their own companies, provided that they work full time for the company and are treated like an employee. For example, the company could have a board that is able to hire, fire, pay, supervise or otherwise control the worker like they would any other staff member."

I don't know how many startups have a board that can fire the founders...

Re: Updated US immigration rules: H1-B can work for own company

#5
post #3

Wait, are they saying I can create a company on my own, no holds attached and go work for it? (minimum investment etc.) A few questions - does it let me build apps and publish them to the Appstore to make money? (Since that doesn't count as working fulltime for the company I assume). How do they prevent Masters students who are on an OPT from creating their own companies and sponsoring a H1B for themselves? No regula…

That was my hope too, but it seems to say you need to already be working under an H1B visa.

Re: Updated US immigration rules: H1-B can work for own company

#6
post #4
post #3

Wait, are they saying I can create a company on my own, no holds attached and go work for it? (minimum investment etc.) A few questions - does it let me build apps and publish them to the Appstore to make money? (Since that doesn't count as working fulltime for the company I assume). How do they prevent Masters students who are on an OPT from creating their own companies and sponsoring a H1B for themselves? No regula…

No, they are not saying that: "... business owners on H1-B visas could work for their own companies, provided that they work full time for the company and are treated like an employee . For example, the company could have a board that is able to hire, fire, pay, supervise or otherwise control the worker like they would any other staff member." I don't know how many startups have a board that can fire the founders...

Is just paying a salary to yourself for the full-day duties not enough to count you as a 'normal employee'? How they could ever envisioned business owners being equal to other employees?

Re: Updated US immigration rules: H1-B can work for own company

#7
post #4
post #3

Wait, are they saying I can create a company on my own, no holds attached and go work for it? (minimum investment etc.) A few questions - does it let me build apps and publish them to the Appstore to make money? (Since that doesn't count as working fulltime for the company I assume). How do they prevent Masters students who are on an OPT from creating their own companies and sponsoring a H1B for themselves? No regula…

No, they are not saying that: "... business owners on H1-B visas could work for their own companies, provided that they work full time for the company and are treated like an employee . For example, the company could have a board that is able to hire, fire, pay, supervise or otherwise control the worker like they would any other staff member." I don't know how many startups have a board that can fire the founders...

I wonder if there are rules around the board. Could I make the board with my family? Sure, I could be fired, but it isn't likely.

Sad that Washington is so useless that even something as straightforward as "let really smart, educated, financed people in the country to start businesses that hire other people" is controversial.

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