What Is the Company-Sponsored H1B Visa?

1. H-1B non-immigrants will be paid at least the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question or the prevailing wage level for the occupation in the area of employment, whichever is higher.
2. The employment of H-1B non-immigrants will not adversely affect the working conditions of workers similarly employed in the area of intended employment.
3. On the date this application is signed and submitted, there is not a strike, lockout or work stoppage in the course of a labour dispute in the occupation in which H-1B non-immigrants will be employed at the place of employment.

Once the LCA has been filed it will need to be made available to any member of the public who requests it.

Challenges Faced by Start-Ups

The USCIS must find that the company is founded and has a cash flow that can pay the employee the prevailing salary as specified in the LCA after the LCA has been filed and the petition for the H1B visa has been submitted. A start-up must provide evidence of income, typically in the form of venture money, in order to sponsor an H1B visa. Examining a start-business up's strategy, employment agreements, and office leases might also reveal whether or not it is legitimate. During the H1B application process, it can be useful to provide the annual report or US tax returns to verify the authenticity of the company. The H1B visa processing price, which does not include the attorney's charge, can be close to $4,000.

H1B Visas for Founding Members of a Start-Up

A co-founder of a start-up must demonstrate an employer-employee relationship to the USCIS in order to petition for an H1B visa to work in the US. In such cases, the beneficiary will have to show that there is a distinct Board of Directors with authority to hire, fire, manage, pay, or otherwise regulate the beneficiary's job. 

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