The immigration law does not say that only a corporation can sponsor H1B. A partnership or even an individual may petition for H1B. However, your employer must represent to the CIS that they meet the H1B requirements, such as labor condition and prevailing wages. For a small or a start-up business, there will be higher burden of proof because the record is not much persuasive to CIS. In your case, it is possible that you may still get your H1. How to present relevant evidence and the argument to the CIS will be determinative. Just based on the facts you put above there, you will act in dual-capacity in the corporation, as a shareholder and an employee. The salary your employer will pay you is in the form of stock optoin or actual shares. To convince CIS, I would suggest that you or your employer retain a CPA or a third party to evaluate the value of the proposed compensation. Good luck.
just need proof!!!
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