The proposed rules to modernize the H-1B program change the definition of an employer. This will allow entrepreneurs to be eligible for H-1B status – in other words, their own entity will be able to sponsor them for this work visa.
Kripa Upadhyay, a US-based immigration lawyer, told TOI: “Among the many proposed changes, the one I am most excited to see come to fruition is what will likely come closest to the United States can obtain an independent “startup” visa. . Under the proposed rule, the U.S. Citizenship and Immigration Services (USCIS) is seeking to change the definition of U.S. employer, which, among other things, will allow a foreign national to be sponsored for an H- position. 1B by a company that he has much more easily. or she owns.
The proposals released Friday evening by the U.S. Department of Homeland Security (DHS) and USCIS also address the scenario in which a potential H-1B beneficiary (a person to be sponsored) owns a controlling interest in the sponsoring entity.
Upadhyay adds: “For the sponsoring entity, which is more than 50% owned by the H1B worker, the beneficiary would be permitted to perform functions directly related to owning and directing the business – including tasks that are not specialized work tasks, provided that more than half of the individual’s time will be spent performing specialized work tasks.
DHS is proposing to limit the validity of initial and first extension requests in such cases to 18 months each. Subsequent extensions would be permitted in increments of up to three years.
The National Venture Capital Association noted that many entrepreneurs enter the United States on an H-1B visa and spend many years working for an employer before obtaining a green card that allows them to start their own business. Given the decades-long wait time for Indians, this translates into lost opportunities. The proposition is likely to be of immense benefit to the Indian diaspora who are keen to venture into the startup arena.
However, the proposed rules will be subject to the federal review process and will take a few months to finalize and implement.
Kripa Upadhyay, a US-based immigration lawyer, told TOI: “Among the many proposed changes, the one I am most excited to see come to fruition is what will likely come closest to the United States can obtain an independent “startup” visa. . Under the proposed rule, the U.S. Citizenship and Immigration Services (USCIS) is seeking to change the definition of U.S. employer, which, among other things, will allow a foreign national to be sponsored for an H- position. 1B by a company that he has much more easily. or she owns.
The proposals released Friday evening by the U.S. Department of Homeland Security (DHS) and USCIS also address the scenario in which a potential H-1B beneficiary (a person to be sponsored) owns a controlling interest in the sponsoring entity.
Upadhyay adds: “For the sponsoring entity, which is more than 50% owned by the H1B worker, the beneficiary would be permitted to perform functions directly related to owning and directing the business – including tasks that are not specialized work tasks, provided that more than half of the individual’s time will be spent performing specialized work tasks.
DHS is proposing to limit the validity of initial and first extension requests in such cases to 18 months each. Subsequent extensions would be permitted in increments of up to three years.
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However, the proposed rules will be subject to the federal review process and will take a few months to finalize and implement.
