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H1B Visa Guide for Startups/Small Businesses
January 24, 2022
5 mins
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Basic Steps to Hire an H1B Worker Visa Holder

It is natural for a start-up or small business in the US to feel ambitious about reaching great heights. But, how can they grow big? Skilled workers! Unfortunately, it is a great challenge to hire technically sound experts in the US most of the time. This leads to a pressing need to look out for options amongst H1B visa holders from foreign countries. However, the problem arises when small firms find the process strenuous.

When we talk of skilled workers, the term that strikes our mind is H1B workers. What is H1B Visa, why is it beneficial?

Larger companies or outsourcing firms can hire H1B workers easily than smaller organizations. There is no denial to it. So, if you were a small firm, how would you handle the situation? A proactive strategy with a proper backup plan can effortlessly help you solve the issue.

Now let's see how to get an H1B permit visa under regular circumstances. An employer is responsible for obtaining an H1B status for the worker. Before assigning the payroll, the employer has to take preliminary steps, which include:

Challenges Faced by Start-ups to Sponsor an H1B Visa

If you are a start-up making attempts to sponsor an H1B visa, be ready to face scrutiny. This is a normal scenario most small firms face when competing with established companies.

Therefore, analyze the areas of application and document the entire sponsoring procedure. Follow the simple strategies stated below to overcome the downsides.

Proof of Self Sufficient Funds

Funds play a major role everywhere! While applying for an H1B sponsor, a start-up needs to show solid evidence of affordability. You should prove that you are generating revenues. You have to convince the USCIS by proving that your firm can afford to pay the wages.

You can show a cash infusion from beloved ones if your firm is still bootstrapping. This will work most of the time.

On the contrary, a big established firm does not need to prove to the USCIS that they have enough money. They are not interrogated as they are self-sufficient.

Sophisticated Job Nature

The other name for the H1B visa is sophistication. Do you know why? H1B visa is provided for people with professional jobs only. Hence, large companies get the upper hand while applying for an H1B visa. Assuming that the company is sophisticated enough to spend on H1B specialty employees, USCIS provides them without further questions.

However, in the case of a new start-up or small firm, the USCIS will want details on why the company requires a specialized candidate. Therefore, the application must be well-documented to prove the need. Take efforts to convince the USCIS officer about your firm's growth trajectory and why an H1B worker is required to ramp up operations.

Workplace Relationship

When a regular employee and employer struggles to gain an H1B visa, how are IT consulting and placement companies able to do it effortlessly? You have to understand that these companies are obtaining visas for recruits by playing the role of an agent or employer.

H1B visas are not easily available to common men. It is provided only for people who are legally considered employees. This becomes a real challenge in the case of a start-up. Small firms find it difficult to prove that the applicant is an employee as they will be holding equity in the organization.

  • When equity is low, the terms of employment are defined by providing a copy of the contract.
  • When equity is high, a document will be required to prove that an authoritative head supervises the H1B applicant.

Documentation

Do you remember how paperwork held significance for centuries? But as we all evolve, so do the documentation policies. Since 2010, the technical nature of filing an H1B has become too complex. LCA from DOL made it further difficult for inexperienced individuals and employers. As a result, people who attempt to file their H1B petitions themselves find the process overwhelming.

Tips For Start-ups to Hire H1B Visa Workers Successfully

Follow the steps listed here to hire an H1B worker successfully:

  • Look out for candidates with a master's degree

    - More than 20,000 visas in the United States are allotted to students with a higher degree. Therefore, this will increase your chance of getting a candidate. You can also consider a person in grad school who will be receiving their degree before starting the job.

  • Recruit bachelor's degree candidates from US universities

    – These students are allowed to take up OPT without a visa for an additional duration of 12-32 months. Depending on their specialization, their OPT duration varies after they graduate. Start-ups can reach out to them through colleges.

  • Canadians and Mexicans

    – According to NAFTA, Canadians and Mexicans can work in the US through a TN visa without an H1B and annual cap. Therefore, they will be an ideal choice for you.

  • Workers from Singapore or Chile

    – You will have a better chance of acquiring workers from Chile or Singapore as they have a special visa allotment in their lottery. It's called 6,000 H1B.

  • Affiliate with a non-profit organization

    – This move will greatly benefit your small firm by avoiding an annual cap. Furthermore, it will allow the H1B petition to get through without an annual lottery.

Finally, review your capitalization to ensure that the financial resource is enough to pay your H1B workers. Be creative with every approach while hiring H1B workers. This will create an advantage over attracting individuals who would like to join a new firm.

Also read: H1B Visa Process & Other Must-know Details

Closure

As mentioned in this article, making it through the hurdles is not a child's play for start-ups. However, you can aim to make it with the 'H1B lottery' using the hiring options we had discussed above. TechFetch H1B will make your journey easier by helping you understand the basics of H1B.We keep you updated on the US immigration news, policies and latest developments so that you can stay on top of things as far as the H1B visa is concerned.

**Disclaimer : All US immigration policies and procedures are subject to change. Kindly refer to the USCIS official website for more information.**

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