I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

Re:I'm Peter Roberts, immigration attorney who does work for... by proberts on Friday November 12, 2021 @12:19PM (#29201880)

Strictly speaking, no, self-sponsorship is prohibited in the H-1B context. But if you have cofounders, own less than 50%, set up an independent board, etc., it could work.

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Re:I'm Peter Roberts, immigration attorney who does work for... by bothra90 on Friday November 12, 2021 @12:29PM (#29202018)

By an independent board do you mean that the H1B holder cannot themselves be on the company's board? Re: 50% ownership, is 50-50 split OK, or does it have to be less than 50?

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Re:I'm Peter Roberts, immigration attorney who does work for... by nnoitra on Friday November 12, 2021 @12:22PM (#29201932)

If the cofounders are family members(w US citizenship) would it raise red-flags for collusion?

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Re:I'm Peter Roberts, immigration attorney who does work for... by proberts on Friday November 12, 2021 @12:25PM (#29201959)

Not so much collusion as concerns about whether they are really independent of the foreign national cofounder.

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Re:I'm Peter Roberts, immigration attorney who does work for... by nnoitra on Friday November 12, 2021 @12:34PM (#29202093)

Independent in what way? Capital, expertise or not sharing any family ties at all?

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Re:I'm Peter Roberts, immigration attorney who does work for... by proberts on Friday November 12, 2021 @12:42PM (#29202232)

Independent in the sense that their ownership/control isn't really just your ownership/control.

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