The announcement made by USCIS on August 2, 2011 is a significant step in helping entrepreneurs create companies and jobs in the United States. The government’s new policy now allows entrepreneurs with an ownership stake in their own companies, including sole employees, to obtain an H1b visa. This a very big deal and significant shift in policy. In sum, one must show the following:
1. Must establish the necessary employer-employeer relationship
2. They must demonstrate that the company has the independent right to control their emploment.
The USCIS has revised their guidance on these issues.