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I just openied a small engineering consulting office. Can I bring to my practice an independent contractor whose H-1B visa is still in good standing?

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What do I have to do?
Workers who hold H-1B visas can only work in the activities described in their petition for the H-1B. If the contractor you're planning on hiring is going to do the same work for which he or she petitioned, all you have to do is fill out a Form I-129. However, if the H-1B visa has been "sponsored" by a particular company, this may not be transferable. Speak to an immigration attorney to get the guidance you need.
Nina Kaufman

Written By

Nina L. Kaufman, Esq. is an award-winning New York City attorney, edutainer and author. Under her Ask The Business Lawyer brand, she reaches thousands of entrepreneurs and small business owners with her legal services, professional speaking, information products, and LexAppeal weekly ezine. She also writes the Making It Legal blog.