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EB-1 Visas Archives

Extraordinary and Outstanding Immigrants - the EB-1 Visa

Although the Employment Based ("EB") categories may change with the new CIR bill introduced just several weeks ago, there is no guarantee that the EB changes or the bill in its entirety will pass. Therefore, it's necessary to still consider the immigration options as they are. The EB-1 visa is a popular method for highly skilled and educated noncitizens to obtain their green cards, but it may be quite the process for those not in the know.

Entrepreneurial Visa Options

It is very much possible to hold a managerial position of a company you helped establish with a H1-B visa. On August 2, 2011, Secretary of Homeland Security Janet Napolitano and USCIS announced many immigration initiatives designed to boost the economy. The most notable one included a policy shift to allow a H1-B visa holder to have a majority or even 100% stake in his or her own company, including as a sole employee, as long as he or she can demonstrate that the company has the right to control the entrepreneur's employment. Some examples include preferred shareholders or a separate Board of Directors that control the terms and conditions of the entrepreneur's employment.

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