A start-up company is usually one that has just been set up, or has been in existence for a couple of years but without much to show by way of business activities, revenues or profits.

We are constantly asked the question whether a start-up company can successfully petition for H1B visas. Our experience has been that this is very well possible with appropriate planning and documentation. We have obtained hundreds of H-1B approvals on behalf of start-up companies, especially in the Information Technology field.

To get approval of an H1B petition filed on behalf of a start-up company, we might be asked to provide additional documentation to show that the company has the financial viability to employ the beneficiary, whether a bona fide job position exists, etc. This can be done by extensive documentation which includes (but not limited to) the following: Contract between the petitioner and the beneficiary (i.e., foreign national), itinerary of the beneficiary (if the employment is to take place at more than one location), contractual agreements between the petitioner and their clients, financial documents (including tax returns), payroll records, lease agreement, photographs of business premises, etc.

Please note, the above documentation need not be submitted along with the Petition itself, but should be provided to USCIS if asked for through a Request for Evidence (RFE). Our approach has been to be proactive and always give USCIS more than what is asked for.

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