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Other Employment-Based Greencard/I-140 General Issues

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  3. What requirements does a company needs to hire an alien?

What requirements does a company needs to hire an alien?

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Post by AgEtlGdmPlKuxM on 07 Jan 2014

Currently, I am trying to help my friends initiate a project and will give a presentation next week. If everything goes right, they will set up a new company in the US. I wonder what requirements the company needs to hire an alien like me. I am under OPT extension currently, which will expire at the end of November of 2014. I am OK with any possible visa such as H1b, O1, or L1, etc. Thanks. 

Post by legalmatrix on 07 Jan 2014

You may be eligible for an H-1B or O-1A visa, but not an L-1.  To qualify for an L-1 the company would have to be multinational and you would have had to have worked for the foreign company for at least 1 continuous year within the previous 3 years.

 

For H-1B and O-1A both you and the company would have to meet certain qualifications.

 

H-1B requirements are available here.

O-1A requirements are available here.

 

Please note - One issue for the company as a start-up may be demonstrating capacity to pay the proffered salary.

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