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Is it possible to come to the United States to work for a family based ecommerce business?

I learned that for H1B visa, the occupational title that my employer applies for me should emphasize my education and qualifications. I have a bachelor’s degree in English, but “General Manager” is the title that my employer will apply for me to bring me to America and work for his family based ecommerce business (isn’t incorporated). I’ve worked for him for 2 months now via the Internet from across the Pacific. I do Market Research, Product Research, Business Applications/Softwares Researching and Testing, Website Optimization, Search Engine Optimization, Competitor Price Researching, Price Analysis, Profit Projection, Order Placing, Shipment Tracking, Customer Service, etc. Basically I work as a “General Manager” of the business though I don’t manage any human as we don’t have any other employees. I manage, manipulate, and monitor a wide range of softwares and web applications which perform almost all business functions. I really think I'm a “General Manager”, but will USCIS agree?

Public Comments

  1. I do Market Research, Product Research, Business Applications/Softwares Researching and Testing, Website Optimization, Search Engine Optimization, Competitor Price Researching, Price Analysis, Profit Projection, Order Placing, Shipment Tracking, Customer Service, etc Thats what to include.
  2. With an English degree, I doubt it. The degree or specialized equivalent training is supposed to be directly related to the job. Personally, I doubt your employer will ever be able to get a labor certificate for this job. There must be thousands of Americans fully qualified and willing to do it. You need to understand, H1B is designed to fill critical shortages in the US labor market. It's not designed to be a sort of alternative path to immigration. What you are describing almost sounds like a one man operation. By any chance, your "employer" isn't related to you or in a relationship with you, is he/she?
  3. The answer is Yes, however you need to secure a work visa and work for someone that is willing to sponsor you. I recommend you start with freelance odesk.com and other opportunities to build up your resume and then work on getting to the US.
  4. Don't even apply for H1B for a "General Manager"of this company with a degree in English. It's going to be a waste of time and money, as there is no chance that your application will be approved. Before you do anything, you need to familiarize yourself with the requirements for this type of visa. According to USCIS "The H-1B categories apply to aliens coming temporarily to perform services in a specialty occupation, or as a fashion model of distinguished merit and ability. The FY2001, 2002, and 2003 cap on H1-B admissions is 65,000 workers." So if you decide to apply, you need to make sure that you meet the qualifications and that the cap is not full. Take a look at USCIS' "Temporary Benefits Employment Categories and Required Documentation" page: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=229c6138f898d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=91919c7755cb9010VgnVCM10000045f3d6a1RCRD Good luck.
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