Answering the 8 Most Common Questions Startups Have About the H1B Visa

Published On: Nov 18th 2019

Applying for the H1B work visa can be a daunting task for small companies and startups. That’s why we’ve put together this short FAQ. We collected and answered the most common questions small companies had about the H1B application processes.

Our goal is to make the work visa application process much more simpler, transparent and efficient for small businesses. That’s why we created FastVisa Assist. Our free platform is designed to alleviate the headaches that come with visa applications.

Reach out to us today to learn more.

Now let’s jump into the FAQ:

Can a start-up company of any size sponsor H1B workers?

Yes, even start-up companies in an early stage can sponsor a H1B worker. Even if the company only has 1 or two employees at its current stage. During the review stage however, these applications will be under more scrutiny.

Can a start-up company ask the employee to pay the legal fees for the H1B application processes?

No, such a request would be a violation of the USCIS rules.

How much is a startup's ability to pay the offered salary considered?

A startup companies ability to pay the offered salary is not technically a requirement for a company to sponsor an H1B visa. However, well funded start-ups or those who have established VCs or accelerators backing them up have an advantage over those who don’t.

What are the basic requirements a company must meet in order to apply for an H1B visa?

In order to qualify employer must hold a position which:

  • Requires at least a bachelor's degree
  • Requires a professional in a specialty occupation
  • Applicant must possess deep knowledge in the specified field.
  • The employer must demonstrate the lack of qualified US applicants.

Can a Start-up company file for several H1B visas?

Yes start-ups can file for several H1B visas. The company must justify the need for several employees. One way to do this is by outlining the current and future projects your company has planned and the role H1B workers will play in these projects. Again the lawyer you choose will play a huge role in your company being successful. Reach out to us today, and we’ll set you up with the best lawyer for your case.

Can I pay H1B employees less than a non-immigrant employees?

No and that’s not even allowed. To even qualify for an H1B visa your company must:

  • Pay your employee either the local prevailing wage or the employee’s actual wage (whichever is higher). A prevailing wage is the hourly wage that’s paid to most workers and includes overtime and benefits.
  • Give the H1B visa holder the same working conditions as non-immigrant employees .

Is it worth attempting to file for a H1B visa without an attentive HR specialist or department?

Although having someone focused on taking care of work visa applications would be extremely helpful, it is not a requirement. In-fact our FastVisa Assist program is designed to provide small companies with a quasi-HR specialist during the H1B application processes. Our free employer portal gives you complete transparency and efficiency during the filing processes.

Can a start-up company file an H1B visa application without an attorney ?

While its possible and cheaper to file an H1B visa application without an attorney, it is definitely not recommended. Although just filing the application is expensive doing it without an attorney and making a mistake will end up being significantly more costly. Startups especially will want to hire an attorney. When you don’t have strong revenues and have not firmly established your business, a strong legal case will need to be made.

Reach out to us today and we’ll pair you with the best attorney for your specific situation. We’ll be your HR specialist throughout the entire processes. Get in touch today.




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