Can a company located in another country file for a US H-1B visa?
No. Only US employers (including branches/subsidiaries, etc. of an overseas company) can file H1B Petitions. Can a start up software consulting company file an H-1B Petition? Yes, but there could be questions from USCIS about the ability to pay, bona fides of the job opportunity, etc. Consultation with an immigration attorney is recommended. Does an employer have to show a profit to file for a new H1B? Not necessarily, as the USCIS looks at the totality of evidence as to the viability of the petitioner, existence of the job opportunity, ability to pay issues, etc. It is advisable to consult an immigration attorney.
Related Questions
- I am an H-1B visa holder and my employer is filing to extend my H-1B for an additional three years. Do I have to file a separate extension for my wife and childs H4 visa?
- I am currently on a H-1B visa, which expires in five (5) months. If I file the I-140 and I-485 petitions concurrently and obtain an EAD, do I need an H-1B visa extension?
- Can a company located in another country file for a US H-1B visa?
