Friday, April 23, 2021
The three-week H-1B registration period ended on March 26th. Since then, some H-1B visa hopefuls were delighted to find out they were selected, and many others have learned the disappointing news that an H-1B visa is likely not in the cards for them this coming year.
This H-1B selection process is highly competitive and the uncertainty involved is stressful for everyone involved. It is that much more stressful for foreign founders and shareholders of start-up companies, who face even more hurdles in the H-1B visa process than others do. Although it would seem logical that having an ownership stake in a U.S. start-up company, an objective indicator of the shareholder’s commitment to making his or her company succeed in the U.S. marketplace, should be a positive factor in the eyes of the government, unfortunately, it is seen as a negative factor: something that must be overcome when seeking an H-1B visa. The H-1B rules require that the employer and beneficiary of the visa have an arms-length relationship and the employer must prove that it controls the H-1B visa holder and not vice versa. This disconnect illustrates that the H-1B visa program was not designed with company founders in mind.