Help. Employer (small company) and I are exploring possibilities to send me to the US under H1B. This would be done via global payroll company under employee of record contract. They would handle visa process.

Employer wants to take the costs of visa process from my gross salary and pay the payroll company for visa process this way. I’m concerned about legal risks for myself here. My dream is to live in California, but I don’t feel good about this approach. Other visas not possible. Thoughts?

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H-1B would never support this arrangement unfortunately because the PEO would have to be your ultimate employer. Your only real option would be to set up a company in the US and transfer on a new office L-1 or E-1/E-2 (if you qualify based on where you’re from).

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Yes, L1A is the visa I would want, but it’s not possible at this stage for my small employer. I’m from Finland. I’ll look into E-1, that’s a good tip, thank you. This entire process has been started by me in our company. There is business sense here, too, of course, but the driving force is a personal dream.

So you’re saying an EOR arrangement with the payroll company won’t go through the petition phase? Sorry, just wanting to make sure I understand 100%.

PEO arrangement won’t work for any US visa; it may for Canada though if you want to move there

Alright, I’ll need to grill the payroll company on this.

As a director of PR you may qualify for the O1 visa which you can do without your employer.

But your employer would still need to have US operations so I don’t think it solves your problem. You could look into an EB-1 green card though, it doesn’t require employer sponsorship and is similar in requirements to an O-1.

If budget isn’t an issue, you could look into the EB-5 investment visa.

Ah I see, I’ll need to check it out, thank you.

This is the exact H1B exploitation we have been talking about. First SWITCH companies and now I see this. Waiting for a the day when someone will post “My dream is SFO. Can I cross over the Mexico border”

Nahhhhh this is sketchy

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