Question:

Started a New LLC(IT consulting) and now trying to recruit employees on H1B ?

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I have started a new startup basically an IT consulting company. Now I am trying to recruit candidates on H1B visa. I am planning to sponsor H1B visa for few candidates in india for this year H1B cap(2009 quota). My worry is if they get selected in the lottery, they have to go for US consulate for visa stamping. During interview the consulate usually asks for two year tax return of the sponsoring company, which we don't have, hence the visa will be pending. So if this is the case with all the company, then how do other company were able to establish initially, every company will be new when started, how did they recruited candidates from india on H1. Please let me know in detail.

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3 ANSWERS


  1. Hire US citizens for the 1st 2 years. If your business plan cannot afford it, you business plan is flawed.


  2. I think the way that works is, first you would need to establish yourself by recruiting working in the US locally to begin with. May be some sort of H1B transfers, or greencard holders or citizens. And once you are established and have enough revenue generating, you obviously will be able to sponsor H1B's from India.

    As far as my knowledge goes on these things, I think there is a revenue threshhold that your company needs to have to get H1B's approved as well. Please consult your immigration law firm for further details.

  3. Basically, you are trying to start an H1B mill, which makes sense financially, but is frowned upon by various components of the US Department of Homeland Security - the purpose of the H1B visa program is to provide skilled workers for companies that cannot find enough in-country job candidates, not to provide for the creation of overseas recruiting firms.  Establish yourself as a legitimate IT firm for a few years, then bring in foreign workers, if necessary.

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