Is USCIS Adjudicating Entrepreneur Start-up H-1B’s?
Monday, February 17th, 2014
We are hearing in the field that they are if the employer-employee relationship can be evidenced through an independent Board of Directors that controls the terms of employment of the entrepreneur and can be convincingly and thoroughly documented, along with appropriate corporate formation documents and a viable business plan. Keeping this in mind when developing the structure of a start-up is exceedingly important for immigration purposes.
Here are USCIS FAQ’s on the subject.