As a h1b employee of another company, can I be a minority stakeholder in my own startup?

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Question

As a h1b employee of another company, can I be a minority stakeholder in my own startup?

Anonymous Nov 14, 2014 H-1B Specialty Occupation Visas 6 views 3 answers

I am on h1b, working for a company as an employee. But, with 2 other friends, we are planning to start an LLC, at the same time keeping our existing jobs. We all plan to own 33.33% of the company. What is a legal way for me to be a stakeholder in the company without working for them? I have read that I can be an investor or board member. But, I need some more info on what to call myself when we file a LLC. Again I don't wish to leave my existing job and work for this new company. I just want to be a stakeholder. Thanks for your advice!

Alexander Joseph SegalImmigration AttorneyNew York, NYNY licensed · Answer 1 · 2026-06-15T12:41:26+00:00

Alexander Joseph SegalImmigration AttorneyNew York, NYNY licensed

Alexander Joseph SegalImmigration AttorneyNew York, NYNY licensed · Jun 15, 2026

Yes. You cannot work there, nor manage nor take part in management of the start-up, though.

0 upvotes

F Capriotti 2793192.Html · Answer 2 · 2026-06-15T12:41:26+00:00

Can you buy stock in a company? Yes. Can you be involved in management or any of the day-to-day activities. NO ABSOLUTELY NOT. Pay an attorney for a private consultation ... the 'line' is quite 'fine' as to what's permitted.

Gerald Goulder · Answer 3 · 2026-06-15T12:41:26+00:00

I urge you to consult with an experienced immigration attorney on this. I think the start up content is rather problematic. How does one invest in a small start up with 2 other persons and perform absolutely no employment, work, or economic activity in that company--and remain a completely passive investor circumstance?

As a h1b employee of another company, can I be a minority stakeholder in my own startup?

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