Information
Working Visas
My employer is an individual. Can he sponsor an H-1B?
My employer is a foreign company without a presence in the US. Can they sponsor an H-1B?
Can I open my own company and have this company sponsor me for an H-1B?
Technically, yes. USCIS will usually scrutinize such situations carefully, though, and a good attorney is critical to get such a case passed. Also, be aware that all the regular restrictions on H-1Bs still apply:
- You can only perform the work specified in your H-1B petition. In particular, you will usually have to hire a manager, accountant, etc. to actually run the business side, unless you have a relevant degree.
- You need to pay yourself a salary at the specified rate no matter how well or poorly the business is doing.
Another point to keep in mind: such an employer cannot sponsor a Green Card.
I am not married to my domestic partner. Can I still bring him or her?
Possibly. Do be aware that your partner will not be able to later get a Green Card based on yours. As a non-immigrant, however, it is sometimes possible to bring a domestic partner. The domestic partner would apply for a tourist visa at a US consulate, and continue extending tourist status until the primary partner's status ends.
Please note that this is very much a discretionary decision. Therefore, it is not guaranteed that you will actually get a tourist visa for this purpose.
Also note that this process requires an actual tourist visa, even if you are from a visa waiver country. While usually consulates in visa waiver countries are reluctant to issue tourist visas because somebody who claims to be a tourist for a very long time could be considered "suspicious" of immigration intent, joining a non-immigrant domestic partner is a valid reason and should get you past this threshold. Similarly, extending the tourist status even multiple times tends to be more likely to be approved because of the tie to a non-immigrant.



