I'm a Canadian citizen and currently working in US, I want to incorporate a business (setup a company) in USA and then want to file H1-B for...

Question

I'm a Canadian citizen and currently working in US, I want to incorporate a business (setup a company) in USA and then want to file H1-B for myself through my own company. Can I do that? I have been told that being a Canadian Citizen I can setup a company in USA as long as I don't work for that company until I have a work visa from my company.

Answer

Please call me at (212) 968-8600 or toll free at (800) 750-1828. Kind regards, RDM

Answer

You cannot petition yourself for an H-1B visa. However, you can apply for an E-2 visa (treaty-investor).

If you do not plan on living or working in the United States, then you can set up a company & have someone else run it.