d*******h
发帖数: 5065 | 1 Q: The memorandum provides an example of when a beneficiary, who is the sole
owner of the petitioner, would not establish a valid employer-employee
relationship. Are there any examples of when a beneficiary, who is the sole
owner of the petitioner, may be able to establish a valid employer-employee
relationship?
A. Yes. In footnotes 9 and 10 of the memorandum, USCIS indicates that
while a corporation may be a separate legal entity from its stockholders or
sole owner, it may be difficult for that corporation to establish the
requisite employer-employee relationship for purposes of an H-1B petition.
However, if the facts show that there is a right to control by the
petitioner over the employment of the beneficiary, then a valid employer-
employee relationship may be established. For example, if the petitioner
provides evidence that there is a separate Board of Directors which has the
ability to hire, fire, pay, supervise or otherwise control the beneficiary,
the petitioner may be able to establish an employer-employee relationship
with the beneficiary.
请问这个QA怎么理解？
原文链接：http://tinyurl.com/yj6gqa8 | d*******h
发帖数: 5065 | 2 从这里看到了点东西：
http://www.hooyou.com/h-1b/h1b_faq.html
但是没有很明确的界定，是不是因为自己sponsor自己在移民局那里也很模糊？
71. Q: Can an H-1B beneficiary own a company? Can a foreign national own a
company and file an H-1B petition for her own benefit?
A: Yes, an alien can own a company in the U.S. You do not need to be a US
citizen or legal permanent resident to own a business in the US. However,
whether an alien may work for her own company is another matter. You need
authorization from the USCIS to work for any company including your own.
Your own company in some limited situations may apply for H-1B status for
yourself. The USCIS will want to see evidence that the new company will be
able to pay the H-1B worker at least the prevailing wage, as well business
plans, a business lease, and other documents proving that it is in fact a
real company.
It is noted that two key factors the USCIS will scrutinize are: 1) the
ability to pay and 2) the real business need. Owning a company does not
automatically mean you can work for it. In order to work at your own company
as an employee, you still need valid work authorization to work in the US.
Examples:
Rodney is an MBA graduate, majoring in real estate development. He wants to
start his own real estate development company in New York City and petition
for himself as the H-1B beneficiary for the Project Manager position. He
meets all the requirements to form a corporation in the State of New York,
but in his savings account he only has $20,000. Since a real estate
development project in New York City entails significant capital investment,
obviously there is neither a real business need for having this position
nor the ability to pay the prevailing wage required by the position. Rodney
cannot petition for an H-1B for himself.
John is a geoscientist experienced in oil & gas exploration. Before he
started his own consulting company, he worked as a geology consultant for
his employer (a consulting firm) under H-1B status for several corporate
clients. His normal rate was $100/hr. He set up his own consulting company
and many corporate clients retained his consulting company for some work.
Now he wants his own consulting company to petition for himself for a senior
consultant position. For such a consulting company, there is a real need to
have this position. Also, the known prevailing wage for this position in
the area is $100,000/year. However, considering John’s prior hourly rate as
a contractor and the consulting contracts that his company has with its
corporate clients, he should have no problem to proving his company’s
ability to pay. | I****8
发帖数: 988 | 3 I read this several months ago, I recommend you read the memo too.
here is the link: http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf
most part of this so called new policy still keep the same. they still work
on it.
sole
sole
employee
or
【在 d*******h 的大作中提到】
: Q: The memorandum provides an example of when a beneficiary, who is the sole
: owner of the petitioner, would not establish a valid employer-employee
: relationship. Are there any examples of when a beneficiary, who is the sole
: owner of the petitioner, may be able to establish a valid employer-employee
: relationship?
: A. Yes. In footnotes 9 and 10 of the memorandum, USCIS indicates that
: while a corporation may be a separate legal entity from its stockholders or
: sole owner, it may be difficult for that corporation to establish the
: requisite employer-employee relationship for purposes of an H-1B petition.
: However, if the facts show that there is a right to control by the
| d*******h
发帖数: 5065 | 4 Thank you!
work
【在 I****8 的大作中提到】
: I read this several months ago, I recommend you read the memo too.
: here is the link: http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf
: most part of this so called new policy still keep the same. they still work
: on it.
:
: sole
: sole
: employee
: or
:
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