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    5 Replies Latest reply on Nov 4, 2009 6:30 PM by Elartist

    H1B holder starting up an Event Videography business

    Elartist Newbie
      Hi

      I'm currently a H1B holder and in the midst of applying for my Green card EB3 category (priority date Dec 2008).

      An American friend and I are looking into starting up a wedding and event videography business together, but that will require both of us to share our skills and resources together.

      My first question will be, what will be the best business partnership model for us for these kind of business.

      Secondly, I understand that I can only be an investor/sleeping partner; however, since we both have different skill set, the aim is to ultimately have my own company sponsor my H1B visa and Green Card application so that both my partner and I can work on projects together. However, considering that videography is not a speciality job that no American can do, and a start-up company will most likely not have sufficient fund to pay my wage. How will I be able to work for my own company?
        • Re: H1B holder starting up an Event Videography business
          bonbaby Newbie
          Short answer is that unless you have an EAD, you can't work on the business, even if you own part of it. In fact, you can't even apply your different skill set silently "off the books" as that is not allowed according to the terms of your H1B visa (USCIS can ask for additional evidence if you have a Schedule C on your tax returns). And certainly, it is highly unlikely that you would be able to sponsor a labor certification of any kind unless the job requires highly specialized training.
            • Re: H1B holder starting up an Event Videography business
              Evoglobe Wayfarer

              Not quite right what is in your answer here. EB3 is a type of Greencard with similar requirements as a H1B what requires a Sponsorship.

               

              EB-3 classification includes:

              • Aliens with at least two years of experience as skilled workers;
              • Professionals with a baccalaureate degree; and
              • Other workers with less than two years experience, such as an unskilled worker who can perform labor for which qualified workers are not available in the United States.

              While eligibility requirements for the EB-3 classification are less stringent than the EB-1 and EB-2 classifications, you should be aware that a long backlog exists for visas in the "other workers" category. The regulations for EB-3 workers are found at 8 CFR § 204.5.

               

              Skilled worker positions are not seasonal or temporary and require at least two years of experience or training. The training requirement may be met through relevant post-secondary education. The Form ETA-750 (Labor Certification) states the job requirements, which determine whether a job is skilled or unskilled. For more information, please see the Department of Labor's Employment and Training Administration Website.

               

              Professionals must hold a U.S. baccalaureate degree or foreign equivalent degree that is normally required for the profession. Education and experience may not be substituted for the degree.

               

              Other workers are in positions that require less than two years of higher education, training, or experience. However, due to the long backlog, a petitioner could expect to wait many years before being granted a visa under this category. See How Do I Get an Immigrant Visa Number? for more information.

              Application Procedures


              Your employer must file a USCIS Form I-140 at the USCIS Regional Service Center that serves the area where you will work. All I-140 EB-3 petitions must include a labor certification and a permanent, full-time job offer+. There are no exceptions.+ Additional guidance relating to Department of Labor requirements is found at the Department of Labor's Employment and Training Administration Website.

               

              Forms are available by calling 1-800-870-3676, or by submitting a request through our forms by mail system. For further information on filing fees, please see USCIS filing fees, fee waiver request procedures, and the USCIS fee waiver policy memo. Please click here for more information on USCIS offices.

              That would be an answer.
            • Re: H1B holder starting up an Event Videography business
              Evoglobe Wayfarer

              look on my other post.

              In addition, you can be owner for an LLC or CORP anywhere in the USA even if you are not living in USA.
              You can travel on a Visa Waver or on a Bussiness Visa but only to make Bussiness, not actual Work.
              You can employ american People and let them work for you mixed with Investment and you are eligeble for a Investor Greencard after a certain time.
              You have a Company in your Home country and open a LLC or CORP in USA, both companys are in your ownership, your home company must be longer exist than 1 Year and you have to work as Manager in your Company. (Even as Side bussiness). Then you are able to apply or get a L-Visa type (intracompany transfer) what allowes you to take business and work. Then follow up with employment and investment and you are eligable for a Greencard.

              No Guaranty, all researched in Internet.

              Source: http://www.greencardbase.com/page.asp?id=223

              If you need more, let me know.
              1 of 1 people found this helpful
              • Re: H1B holder starting up an Event Videography business
                Evoglobe Wayfarer
                Start you research here:

                http://www.greencardbase.com/page.asp?id=223

                if you need more drop me a message.
                  • Re: H1B holder starting up an Event Videography business
                    Elartist Newbie
                    Thanks so much for your tip. and Resources.

                    I have actually have I-140 Approval on Dec 2008 for my EB3 application; however, right now the wait for Malaysian citizens to apply for I-485 seem to be at least 7 years. Initially I was hoping that the I-485 will free me up to do freelance video work; however, given the backlog, it seem rather impossible.

                    Initially, I thought setting up a company will be the solution; however, it doesn't seem so right now given that I can only be an investor/passive partner for my own company.

                    But, thank you so much for your insights, they are very helpful.