Q: Can my LLC hire an H1B employee? Steps needed?

A: This is not an area that I am familiar with, but I wanted you to have some general information about this.

An H-1B employee is a foreign professional who works in the United States on a temporary visa in a specialty occupation. The H-1B is a nonimmigrant visa category.

Eligibility:

Have a bachelor's degree or higher in a related specialty

Work in a specialty occupation that requires specialized knowledge and skills

Be paid the prevailing wage or higher, as determined by the Department of Labor

Comply with all applicable labor laws and regulations

Process

The employer applies for the H-1B on behalf of the employee through the United States Citizenship and Immigration Services (USCIS)

The initial visa is typically for three years, but can be extended for up to six years

Specialty occupations

Examples of specialty occupations include: architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, and law.

Additional information

The application process for an H-1B visa is complex and lengthy, so you may want to consult an immigration attorney or other trained person. Good luck>

A: Yes, your LLC can sponsor an H1B employee, but as a new small business, you'll face additional scrutiny from USCIS. You'll need to prove your business is legitimate and financially stable enough to pay the required wages for the duration of the visa. The position of eCommerce Business Analyst must qualify as a "specialty occupation" requiring at least a bachelor's degree in a specific field, and you must offer the prevailing wage for similar positions in your geographic area.

The process begins with determining if you'll file under the regular cap (subject to the annual lottery) or if you qualify for any exemptions. You'll need to register during the H1B registration period (typically in March), and if selected, submit a Labor Condition Application with the Department of Labor. After LCA approval, you'll file Form I-129 with supporting documentation about your business operations, financial stability, and how the role requires advanced education.

Given your business's recent establishment, prepare extensive documentation showing business legitimacy, including your business plan, tax filings, contracts, office lease, and financial projections. Consider working with an immigration attorney who focuses on helping small businesses with H1B petitions, as they can guide you through the complex requirements and help you present the strongest case possible for your particular situation.