Small Business (with less than 200 employees)

Small Business Visa Options: Hiring Foreign Talent for Companies with Less than 200 Employees

Small businesses play a crucial role in the U.S. economy, driving innovation and job creation. If you own or operate a small business with fewer than 200 employees and need to hire foreign talent, navigating the U.S. immigration system effectively is essential. Whether you are looking to bring in skilled professionals, executives, or specialized workers, there are several visa options available to meet your business needs.

At Cho Law LLC, we specialize in helping small and mid-sized businesses streamline their visa sponsorship process, ensuring compliance with U.S. immigration laws while supporting business growth.

Why Small Businesses Benefit from Hiring Foreign Talent

Hiring foreign professionals allows small businesses to:

• Access highly skilled professionals in industries facing labor shortages.
• Expand globally by employing individuals with international experience and language skills.
• Strengthen research, technology, and innovation within their industry.
• Fill specialized roles that require unique skill sets.
• Boost competitiveness and productivity in STEM, healthcare, and finance

To take full advantage of these benefits, selecting the right visa category is critical. Below are the key visa options for small businesses hiring foreign talent.

Visa Options for Small Business Employers

H-1B Visa: Specialty Occupations

The H-1B visa allows small businesses to sponsor foreign professionals in specialty occupations that require a bachelor’s degree or higher.

Eligibility Criteria:

• The job must require at least a bachelor’s degree in a relevant field.
• The foreign worker must have the necessary educational or equivalent experience qualifications.
• The employer must offer a prevailing wage as determined by the Department of Labor.
• The position must be a specialty occupation, commonly in IT, finance, engineering, healthcare, academia or a position that requires a bachelor’s degree at a minimum.

Key Benefits:

• Initial stay of up to 3 years, extendable to 6 years.
• Dual intent visa, allowing for future Green Card sponsorship.
• Cap-exempt for nonprofit and educational institutions.
• Dependents (H-4 visa) can accompany the worker, with certain spouses eligible for work authorization.

L-1 Visa: Intracompany Transfers for Small Businesses

The L-1 visa enables small business owners to transfer executives, managers, or employees with specialized knowledge from a foreign branch to the U.S.

Eligibility Criteria:

• The company must have a qualifying foreign branch, affiliate, or subsidiary.
• The applicant must have worked for the foreign company for at least one year in the last three years.
• The individual must be coming to the U.S. in a managerial, executive, or specialized knowledge role.

Key Benefits:

• Initial stay of up to 1 year for new offices, extendable up to 7 years (L-1A) or 5 years (L-1B).
• Pathway to EB-1C Green Card for multinational executives.
• No annual cap, making it a reliable alternative to H-1B.

E-2 Visa: Investor Visa for Entrepreneurs & Small Business Owners

The E-2 visa allows entrepreneurs and investors from treaty countries to establish and operate a small business in the U.S.

Eligibility Criteria:

• Must be a national of an E-2 treaty country.
• Must make a substantial investment in a S.-based business.
• The business must be active, operational, and generate significant income.

Key Benefits:

• No fixed minimum investment amount, but typically $100,000+ is recommended.
• Renewable indefinitely, as long as the business remains viable.
• Allows spouses to work in the U.S..
• No annual cap or lottery system.

O-1 Visa: Extraordinary Ability in Business

The O-1 visa is for top professionals in business, science, or technology who have received national or international recognition for their expertise.

Eligibility Criteria:

• Must demonstrate extraordinary ability through publications, awards, media recognition, or leadership roles.
• Must have a S. job offer or project sponsorship.
• Must meet at least three of USCIS’s extraordinary ability criteria.

Key Benefits:

• Initial stay of 3 years, with 1-year extensions.
• No lottery or annual cap.
• No employer sponsorship required if applying through a qualified agent.

How Cho Law LLC Helps Small Businesses with Visa Sponsorship

At Cho Law LLC, we work closely with small businesses, startups, and entrepreneurs to ensure a smooth, compliant, and efficient visa process.

Our Services Include:

1. Visa Strategy Consultation – Helping businesses choose the right visa for their hiring needs.
2. Petition Preparation & Filing – Handling all documentation and USCIS submissions.
3. Compliance & Labor Condition Applications (LCA) – Ensuring Department of Labor compliance for H-1B cases.
4. Employee & Employer Guidance – Advising on work authorization, extensions, and Green Card pathways.

FAQs About Small Business Visa Sponsorship

Q: Can a small business sponsor an H-1B visa?

Yes, small businesses can sponsor H-1B workers as long as the job qualifies as a specialty occupation and the employer can pay the prevailing wage.

Q: Is there a minimum salary requirement for H-1B employees?

Yes, employers must offer at least the prevailing wage as determined by the U.S. Department of Labor.

Q: Can small businesses hire international workers without a Green Card sponsorship?

Yes, non-immigrant visas like H-1B, L-1, O-1, and E-2 allow foreign nationals to work in the U.S. temporarily without employer-sponsored Green Cards.

Q: How long does it take to process an H-1B visa?

• Regular processing: 4 to 6 months
• Premium processing: 15 business days (with a $2,805 USCIS fee)

Q: What happens if my visa application is denied?

If a visa application is denied, we help businesses:

• Review the denial reasons and strengthen the petition.
• File an appeal or motion to reopen if applicable.
• Explore alternative visa options.

Q: Can my small business sponsor multiple foreign employees?

Yes. There is no limit on the number of employees a business can sponsor, provided each case meets visa requirements and financial capability criteria.

Contact Cho Law LLC Today

If your small business (under 200 employees) is looking to hire foreign talent, let Cho Law LLC guide you through the visa process and help you build a stronger workforce in the U.S.