Can a US citizen incorporate a company where he won't work and hire an H1B visa holder as the CEO?

  • 1
    Small companies generally find it impractical to sponsor H1Bs. On top of that, Trump suspended the program, I believe.
    – MWB
    Nov 23, 2020 at 8:08
  • A person in H-1B status may only work for the sponsor company. You won't be able to hire someone who works for another company without transferring the sponsorship.
    – phoog
    Dec 1, 2020 at 2:08

1 Answer 1

  1. A US citizen may incorporate any company. There has never been a need to work in a company you own.

  2. An H1B has lower requirements than other visas. So that shouldn't be the problem. But it is company-specific and limited. So, only one can give you an reliable answer, the USCIS Service Center.

  3. As far as I know the H1B visas for 2021 are gone already. Normally, you only have one week until they are all issued.

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