H1B Success Stories | Small Firms Successfully Approved without Supplemental Documents

On the road to pursuing the American dream, everyone may face different challenges. Today, we would like to share with you a successful H1B visa application case that is full of twists and turns and high level of difficulty. We hope that this case can bring a little inspiration to you who are applying for H1B.

Sorting out the case situation

The client, Mr. L, has a Master's degree in International Business and has gained extensive experience in the field of international trade. However, he has no experience studying in the U.S., and his field of study, though broad, does not fully meet the requirements for the specific H1B position.

Due to financial constraints, green card programs such as EB-5 Immigrant Investor and NIW National Interest Waiver were not in his consideration. Therefore, Mr. L's request is to set up a company in the U.S. to apply for an H1B work visa and eventually get a U.S. green card. Currently, Mr. L has a registered company in the United States, but it is small in size.

Mr. L's H1B application process was a big hit because of his mask. the first year he was cheated by someone and found an unreliable organization, but he did not get his H1B. the second year he got his H1B, but he did not get his H1B in the final supplemental submission. This year (the third year) has been physically and mentally exhausted, want to draw again, introduced by a friend to our speech letter law firm responsible for H-1B attorney, originally the client did not hold much hope, but speech letter law firm on the L case for a comprehensive review and strategy adjustment, submitted a well-prepared application materials, and ultimately the client's I-129 application was successfully approved without supplemental documents.

Application Timeline

Early March 2023

After a period of self-adjustment, Mr. L was ready to go through another lottery and was introduced to our firm by a friend. At the time of contacting us, it was very close to the H1B filing deadline.

March 2023

Under the tight timeframe, our firm acted quickly to comprehensively sort out the case, find the key breakthroughs in the case, and help Mr. L submit the lottery documents on time to complete the registrations.

April-May 2023

We successfully helped Mr. L to submit his immigration application.

September 2023

After a series of challenges, Mr. L's H1B visa petition was finally approved.

Application Difficulties and Strategies

Difficulty 1: Time constraints

When Mr. L contacted us, it was very close to the H1B filing deadline.

response strategy

Our law firm quickly organized a team of professionals, and after a comprehensive review of the case, we quickly formulated a strategy to ensure that all materials were prepared before the deadline.

Difficulty 2: Small and start-up companies

How Mr. L can demonstrate the need for self-employment when he has registered a small and start-up company with no employees, limited business and little sustainability in the company's business.

response strategy

After carefully analyzing the professional courses L took, as well as thoroughly researching the company's background and business development model, we found a breakthrough:The company is in a fast-growing start-up stage, and urgently needs to recruit Marketing Specialist to do market research and expand market business; and Mr. L has taken Marketing related courses in school.So we made the following program for this case:

• Suggest positions and responsibilities for clients in a targeted manner based on the company's business and position needs;

• Based on the company's business operation model, Company A is advised to submit cooperation agreements, financial statements and bank flows that prove the company's business;
• Guide the company to make a detailed business plan that lists the company's plans for recruiting and future business model, market prospects, and the company's competitive advantages. In the application letter to USCIS, explain that the company is a start-up, but has a promising market, and that there is an ongoing need for the position.

Difficulty #3: Is it feasible for a self-employed person to start a company and apply for H1B for themselves?

First of all, let's be clear with everyone:Business owners are allowed to be self-employed!Taking Mr. L as an example, he is allowed to be self-employed by registering a company, and he can also take dividends from the company normally, but he cannot participate in the actual operation or have absolute control.

Experience Sharing

Employment means that you do not receive compensation for your participation in the operation. This is generally reflected on the W2 form, but you can receive passive income such as dividends, stock, etc.

The inability to have absolute control is divided into several situations:

• You are the majority shareholder, you participate in the company shares have absolute control (50% or more), this situation in fact, can represent the employer to make all the company's decisions, your status as an employee will be cut off, so this type is not allowed.
• If you are a minority shareholder with shares in a company (50% or less), you must disclose your status as an employee in your application (Form 129 will ask you to disclose if you have shares in the company), and explain the employer-employee relationship. This type is possible.
• You don't have a company yourself, find a partner with U.S. status and let the partner run the company, such as a company owned by a relative would work, proving a true employer-employee relationship, plus the need to work in a qualifying profession, this type can be done.

Successful application experience sharing

1.timely action

As soon as you realize that you have the opportunity to apply for an H1B visa, you should start your preparations immediately to avoid missing out on the opportunity, and if you need help, you should also find a lawyer as soon as possible to get into the professional services process faster.

2. Professional certification

For H1B applications where the specialty and the position do not match exactly, where the specialty covers a wide range (e.g. business administration), and where the company is a small start-up, we need to grasp the key points of the H1B application, find the fit between the beneficiary's specialty, the company's business and the professional position, and apply for the H1B application according to the actual situation.

3. Continuous communication

Maintain close communication to ensure that you are aware of the progress of your application and any changes.

summarize

A successful H1B visa application requires a concerted effort and close cooperation between multiple parties. The key lies in digging deeper and accurately grasping the intrinsic connection between the beneficiary's academic background, the company's business needs, and the professional position. Based on this, theDevelop an optimized application strategy based on the applicant's specific situation and conditionsin order to increase the success rate of the application.

If you are facing similar challenges, don't hesitate to contact us and let our professional services help you.