Our client—a startup founder who had not yet incorporated his business when he first met with us—came to the Law Offices of Sabrina Li seeking guidance before even entering the H-1B lottery. During the initial consultation, he learned that a founder may self-sponsor through their own U.S. company, but only if the entity is properly structured, documented, and capable of demonstrating a legitimate employer-employee relationship and specialty occupation role.
Based on our strategic advice, he proceeded to incorporate his company specifically to qualify as a legitimate H-1B petitioner. After he was selected in the lottery, we prepared and filed a comprehensive, well-supported H-1B petition on his behalf. Despite the strength of the filing, the case still received a detailed, complex RFE. Working closely with our team, the client helped us craft a robust and highly strategic response—and the petition was approved just three weeks after our RFE submission.
Our client sought our firm’s guidance before forming his U.S. company because he wanted to plan correctly from the beginning. We advised him on entity formation, employer requirements, business documentation, and the evidence needed to withstand the heightened scrutiny applied to founder-sponsored H-1Bs. Following our advice, he incorporated a strategic consulting business focusing on U.S. market entry, regulatory compliance, and financial advisory services for international clients. After establishing the company, obtaining its EIN, and preparing the necessary registration materials, the new entity entered him into the H-1B lottery—and he was selected. With selection secured, we proceeded confidently with the full H-1B filing, supported by strong documentation showing the role required specialized knowledge and bachelor’s-level expertise.
Despite our thorough preparation, USCIS issued a demanding eight-page Request for Evidence (RFE). The agency questioned whether the offered position truly qualified as a specialty occupation, raised concerns about how a founder with ownership interest could be supervised, and requested additional proof establishing that the company maintained a legitimate U.S. worksite.
USCIS also scrutinized the breakdown of duties, suggesting that certain responsibilities appeared administrative rather than the professional-level tasks expected for an H-1B role.
Faced with this extensive, multi-issue RFE, the client continued working closely with our legal team, enabling us to address each concern with precision, clarity, and a carefully structured strategy.
To respond effectively, our team conducted a detailed analysis of the startup’s operations, the founder’s role, the organizational structure, and the company’s business model. We prepared a refined and comprehensive description of the position, emphasizing the advanced knowledge required in finance, U.S. regulatory compliance, cross-border business strategy, and data-driven financial evaluation—solidifying the position’s classification as a specialty occupation.
We also corrected USCIS’s misconception regarding certain administrative tasks. Those duties did not belong to the founder; they were part of a separate administrative support role that the company was actively staffing. Clarifying this distinction demonstrated that the founder’s actual responsibilities were strategic, technical, and managerial—well within the professional standards of an H-1B role.
Additionally, we supplied extensive evidence verifying the legitimacy of the company’s U.S. worksite, including a commercial office lease covering the entire H-1B period, signage and directory listings, and documentation proving the office was fully operational. Taken together, these clarifications directly addressed USCIS’s concerns about both employer-employee structure and ongoing business activity.
Within just three weeks of submitting our comprehensive RFE response, USCIS approved the client’s H-1B petition. Despite the complexity of the issues raised — including founder control, specialty occupation, and worksite legitimacy — our precise documentation and strategic approach resulted in a smooth approval.
This case demonstrates our firm’s expertise in handling H-1B petitions for founders and early-stage companies — especially when USCIS challenges specialty occupation, employer-employee relationship, or business viability. Led by certified immigration law specialist Sabrina Li, our team is experienced in navigating RFEs and building strong, evidence-driven responses that meet USCIS’s highest standards.
If you or someone you know is pursuing a H-1B petition, don't face it alone. Contact the Law Offices of Sabrina Li at (213) 375-8096 or email us at info@sabrinali.law. We are ready to advocate for your success and help you achieve your American dream.
Our attorneys possess diverse immigration experience and have an in-depth understanding of the complex interplay between various immigration laws, policies, and regulations, ensuring accurate and comprehensive guidance. We offer a full range of immigration services, addressing all aspects of your case while identifying potential opportunities and challenges.
We provide a tailored approach to each client's case, ensuring that you receive individualized attention and a customized strategy for your unique situation. We adjust our strategy as your needs or circumstances change, guaranteeing a seamless transition between different phases of your immigration journey.
Our team is composed of immigrant and first-generation American professionals, along with individuals from various cultural backgrounds. Many of us have firsthand knowledge of the challenges faced during the immigration process. This allows us to provide guidance and advocacy rooted in authentic understanding.
