Can I have an H-1B without receiving a salary if I am a partner in the company?

When we talk about the H-1B visa, it is important to understand that this benefit is tied to an employment relationship that follows specific rules established by the United States immigration authorities. The H-1B visa was designed to enable U.S. companies to hire professionals in specific occupations, offering a salary that meets at least the prevailing wage in the region and reflects labor market conditions.

In the case of a partner in the company sponsoring the H-1B, there are several issues to consider. First, even if you are part of the partnership, for an H-1B petition to be successful, it is necessary to demonstrate the existence of an employment relationship with defined control and supervision, similar to what is expected between employer and employee. This relationship needs to be clearly outlined and documented, avoiding any conflict of interest that may raise doubts about the authenticity of the position and the activities performed.

Additionally, U.S. law requires the H-1B beneficiary to receive a salary that is in line with the prevailing wage for the position, which means that, in principle, the idea of not receiving a salary may hinder the visa approval. Immigration authorities carefully assess whether the offered compensation meets the requirements – which includes not only the amount, but also demonstrating that the payment does not harm or devalue the U.S. labor market in the relevant sector.

Given these issues, it is essential to exercise caution and strictly follow the United States immigration rules. If you are considering applying for the H-1B while being a partner in the company, it is highly recommended to obtain specialized legal advice that can guide the structuring of the employment relationship to meet the criteria required by the authorities. This guidance can help avoid pitfalls and misleading campaigns promising miraculous solutions, as well as ensure that all legal obligations are fulfilled.

In summary, the H-1B visa presupposes clear communication and the maintenance of an employer-employee relationship involving adequate salary compensation. Therefore, attempting to obtain an H-1B without receiving the required salary, even as a partner in the company, can present serious immigration complications. Always proceed with caution and seek specialized advice to evaluate your situation in the safest possible way.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.