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How can I sponsor my child through the H1-B visa after I obtain my EB-5 visa?

After receiving my EB-5 visa and starting a business, would it be possible to sponsor my son through the H1-B visa? If so, what is the best way to do this? He is currently pursuing his masters in nanotechnology engineering in the United States.

Answers

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    If you are the employer, and your business qualifies as an H-1B employer, and your child otherwise qualifies for the H-1B as an employee, there will probably be no issue.

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    Shahzad Q Qadri

    RC Creator
    Answered on

    Once you establish a business and qualify for foreign workers, your company can certainly sponsor your child''s H-1B, provided you can show a need for his qualifications and expertise.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    An H-1B petition is submitted by an entity with an employer-employee relationship (or proposed relationship) with the beneficiary. Although this might technically be possible, there are a number of requirements to satisfy when submitting an H-1B petition. You should consult with an experienced immigration attorney, such as myself, who can advise you on these requirements.

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    Marc Yelnick

    Immigration Attorney
    Answered on

    There are a variety of ways to do this: by you, by the EB-5 company or by some other company. You may do so, but this is probably not be the best option. There are ways to structure the sponsorship to increase the approvability.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Yes that is doable. You can also file an FB-2b I-130 petition for a green card for him if he is unmarried.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Yes, it is possible however you have to navigate two different standards. First, under your EB-5 immigrant visa program you are obligated to provide a minimum of 10 jobs. Those employed are supposed to be residents and citizens not necessarily foreign born workers coming from overseas. Your son, who is a non-immigrant, cannot be counted as one of the employees. On the other hand, H-1B non-immigrant visa program has its own unique requirements. For instance, it is geared towards the employment of foreign workers, non-immigrants. Other requirements include ensuring that each worker must have a minimum certain level of education (mostly bachelor''s degree), the worker must be paid prevailing wage, the job offer is related to worker''s education, etc. With regards to your son; if your son is studying nanotechnology engineering, the question is will your EB-5 business be related to his field of study?Otherwise, you probably cannot employ him on H1-B as the USCIS will not approve such application. Therefore, rather than seeking H1-B for your son through your EB-5 compliant business, you should seriously consider including him in your EB-5 visa filing(s). Lastly, if your son is getting masters degree in nanotechnology engineering, it appears he is likely to be able to get a job through the H1-B visa program on his own with a different employer rather than through your EB-5 business. In the context of your question, the best advice is to contact an immigration attorney who can separate these complex visa procedures.

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    Michael A Harris

    Immigration Attorney
    Answered on

    Will your enterprise have a position that reasonably needs someone with yours son's degree skills? If your company is operational and has employees before you obtain your EB-5 visa, then your son might be able to benefit earlier. Of course, his employment will not count as one of the necessary 10 employees for your company. It is also important to keep in mind that your son cannot start working until the start of every fiscal year, which is October 1 of each year. A United States employer can apply for the visa as early as April 1 of every year when available. For more information please feel free to contact.

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    Ed Beshara

    Immigration Attorney
    Answered on

    Yes you can, however you need to be aware of the yearly quotas, filing and start date. For example, this years filing date is April 1st and start date October 1st.

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    Philip H Teplen

    Immigration Attorney
    Answered on

    You can sponsor your son for an H-1B; although, the job has to in some manner relate to his education.

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    Ying Lu

    Immigration Attorney
    Answered on

    Since your son is more than 21 years old, if you have not begun the EB-5 application process, you should let your son be the I-526 petitioner. When he becomes a U.S. citizen, he can apply for a green card for you. If you have filed the I-526, it is possible for your U.S. business to sponsor for your son's H-1B assuming that all conditions for H-1B are met. But, H-1B is a non-immigrant visa. Please feel free to contact my office if you have further questions.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    If your child is under 21, they will be able to obtain their green card based on your position as primary EB-5 applicant. Your attorney should be able to advise you on this.

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    Bill Travis Klein

    Immigration Attorney
    Answered on

    It may be possible, but it depends on many factors in you and your son's situation. For example, will your son be working for you or another employer? If you are not the employer for your son, then you have nothing to do with sponsoring him. His education and experience and how that matches with the employer's job will be a key factor in approving any H-1B petition. There may be other visa options available. Talk with an immigration attorney on the details to help you with your case.

  • Avatar

    Stephen Berman

    Immigration Attorney
    Answered on

    Your company could hire him to do a job in his field. If you do not own a company that currently uses this profession, you cannot sponsor him for an H1-B.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    That depends. The commercial enterprise that you invest in for the EB-5 has to be the petitioner for the H-1B (and not you directly), and the petition should be signed by an officer or designated official of that entity and not you. Also, the business that the commercial enterprise is in must be in line with what your son is professionally qualified to do (ie., the job has to make sense for someone of his qualification and education).

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