QUESTION
How likely is it for a small corporation to get H1 transfer approved?
Asked on Feb 24th, 2012 on Immigration - California
9 ANSWERS
Immigration Law Attorney serving New York, NY
Partner at
Oltarsh & Associates, P.C.
It depends on whether the company can support the wage and full-time permitted employment.
Answered on Mar 01st, 2012 at 7:57 AM
Immigration Law Attorney serving Orlando, FL
at
Stoller & Moreno, P.A.
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The issue is not necessarily the size of the business, but rather the validity of the H-1B petition itself. So if all of the requirements are met, small businesses and large businesses alike are eligible to take advantage of the H-1B visa to employ foreign nationals. I would certainly recommend that you consult with an immigration attorney who is knowledgeable in this area and who can answer your questions and provide competent advice. But the response to your inquiry is that an H-1B is not going to be denied solely by virtue of the size of your business. It may be factored into the overall consideration by Citizenship and Immigration Services, but there is no prohibition on the submission of an H-1B petition simply by virtue of the size of your business.
Answered on Feb 28th, 2012 at 2:55 PM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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An H-1B is not designed for a 6 month assignment.
Answered on Feb 28th, 2012 at 12:20 PM
2 Awards
H1B visa has helped many foreign national employees to gain employment in U.S. It is very likely that such transfer be approved. In fact the cap for 2012 is 65000 visa.
Answered on Feb 27th, 2012 at 3:57 PM
It really depends on whether the company can demonstrate a legitimate business need for a professional in that specialty occupation and whether the company can show the ability to pay the prevailing wage.
Answered on Feb 27th, 2012 at 3:52 PM
Leon Wildes
It is quite possible if the business is financially sound.
Answered on Feb 27th, 2012 at 3:51 PM
Litigation Attorney serving Pearl River, NY
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Law Office of Bijal Jani
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The size of the corporation would not be such a critical issue for the USCIS for transfer purposes. They would basically want to determine that the corporation is in good standing, the job offer is valid, and the corporation has the financial capacity to pay the employee.
Answered on Feb 27th, 2012 at 3:45 PM
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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They are more difficult but approvable as long as the company can demonstrate a real need for the position.
Answered on Feb 27th, 2012 at 3:42 PM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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should not be a problem if the company , the benefiairy and the position are all qualified for H1b.
Answered on Feb 27th, 2012 at 3:41 PM