What size must a company be in order to sponsor someone for an H 1 b visa?

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What size must a company be in order to sponsor someone for an H 1 b visa?

I’m working for a big company using my opt, and it will not sponsor a H1b visa for me. I have a 2 year degree in business administration and a 4 year degree in photography. I have a friend that owns a small business (just her) and wants to hire me as her photographer to photograph and run advertisement for her business. Can she? How big must a company be to be to legally sponsor? How many employees does it require? What are the other requirements for a small company to sponsor? 

Asked on January 22, 2012 under Immigration Law, Florida

Answers:

Dustin Bankston / Bankston Immigration Law Office

Answered 9 years ago | Contributor

A small business, such as a sole proprietor, can sponsor someone on an H1-B.  However, she will need to follow all of the requirments any other company must follow in the process including labor certification and paying the prevailing wage.  She should be prepared to go through the complicated visa process as well as pay some fees.  You and your friend should definitely consult with an attorney before proceeding because the process is very involved and it's easy to mess things up.


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