Can I work for My Company in the US?

Me and my American partners are planning to incorporate our web start-up and I own 60% of the company. I plan to work for my company in the US, however I don’t have a green card. Is it possible for my own company to sponsor my work visa so that I can hold an executive position in the company and work there? I have an associate’s degree in electrical engineering from my home country and I’m an experience computer programmer. I also graduated from high school in the US, if that information helps at all.

We advise many companies and their principals on employment options. There are several options for you and your company. Some are more attractive than other options. Most often, the H, E, L, O visas are used by employee-owners for U.S. employment authorization depending upon their circumstance. These and other options depend on your nationality, the business development stage of your business in the US, whether you have investors or board of directors, your investment in the company, your qualifications, and your position within the company. For example: H1B is available April 1 of each year to professionals with equivalent of a specialty Bachelor’s degree. The E visa is available to applicants from a treaty country whose U.S. enterprise possesses the treaty country nationality of its owner who has invested or is actively in the process of investing in the US enterprise. L visa will be available to an executive, manager, or specialized knowledge employee employed (outside the U.S. 1 year not counting time in the US) by a related company abroad transferred to a related company in the U.S as an executive, manager, or specialized knowledge employee. O visa is appropriate for a person that has international/national acclaim for contributions to his field. F visa is for students attending school in the US who may be employed in the U.S. when authorized by their school. The J visa Interns is for persons in school abroad or recent graduates abroad who obtain a 12 month visa for work-study. Trainees are for persons who graduated from a university or college abroad more than 1 year ago or have 5 years of experience. Trainees receive 18 months of work-study. You need to speak to an immigration attorney with experience in employment visas.

Best of luck.

Mr. Smith is an attorney with over 25 years of immigration experience with complex immigration issues and successful filings. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Smith’s statement above does not create an attorney/client relationship.