That's right, in the H-1B context, there needs to be an employer-employee relationship between the petitioning company and the sponsored worker and this (in the eyes of USCIS) ultimately means the ability of the petitioning company to fire the sponsored worker and otherwise control his or her employment.
proberts|8 years ago
user-on1|8 years ago
1. A decide's to startup.
2. A find's 2 US citizens B & C as co-founders.
3. A gives idea to B & C and asks them to build a PRODUCT.
4. A takes 49% ownership, B & C takes 25.5 % ownership.
5. B & C finished building a MVP or SLC PRODUCT.
6. B & C apply for VC Fund.
7. B & C get X fund from Z.
8. B & C incorporate a COMPANY.
9. COMPANY sponsors H1B for A and hires A as co-founder.
10. A joins COMPANY.
11. A & B & C continue building their PRODUCT.
12. PRODUCT becomes successful.
13. A applies for STARTUP based Visa.
14. A becomes US Citizen
15. A starts COMPANY B.
Kindly tweak or update to fix any mistake in this process. I think it will be of great help to many and benefit everyone.