Let our deep legal expertise and technology-enabled processes guide you in your U.S. immigration journey
One of Many VisaNation Success Stories
The H-1B visa is one of the most popular immigration visas for foreign professionals who seek employment in the United States. However, the H-1B visa is only available to professionals within a specialty occupation.
An approved occupation requires a minimum of a bachelor’s degree. The H-1B is also limited by a cap of 85,000. This includes 20,000 of which are solely dedicated to individuals with a master’s degree or higher.
Though with all these restrictions, our law firm was able to receive H-1B visa approval for a business development specialist working for a small start-up company.
Our client was a foreign national who sought employment in an e-commerce start-up company that had only been incorporated in 2012.
The client’s case opens up complications due to three occurrences:
While there were these challenges, our leading attorney, Shilpa Malik, was able to explain the case to the USCIS by providing evidence of how the position would qualify as a specialty occupation. Our law firm highlighted the nature of the employer’s business and the specific duties that the beneficiary would be performing as a business development specialist, which also requires a minimum of a bachelor’s degree in a related field. We submitted examples of similarly situated companies that often require a person to have a bachelor’s degree to qualify for the position. The challenge of the company being a start-up with less than 5 employees was met by proving that there was an existing bonafide employment opportunity and the beneficiary would be performing the specialized duties relating to the position.
If you are in a situation similar or if you are facing challenges regarding your H-1B petition through a start-up or a small company, please contact us for a consultation. VisaNation Law Group’s experienced immigration attorneys are capable of helping clients with documentation, legal representation, and filing requests.