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Can a H1B visa holder own 100% of a LLC as a passive member and hire American citizen or Green card holder as a Manager?
Anonymous3 views4 answers
Being on H1B visa and working only for the employer who sponsored Visa, can a H1B visa holder own 100% of a LLC as a passive member and hire American citizen or Green card holder as a manager to run the business?
If cannot own 100% then what is the limit on the ownership %?
Can this passive member being owner of the company have his name on the company bank account or can there be only appointed manager's name on it?
Can the business be registered on the Passive member's address or does it have to be a different address?
Alexander M. IvakhnenkoCriminal Defense AttorneyChicago, IL ·
You appear to be concerned about your lawful stay in the United States and wish to remain in the country legally. If that is in fact correct, delegate any of your issues to the counsel of record, as legally appropriate in this situation.
It really baffles me how many times that question gets asked and how many of the apparently fine high quality people we attract to come to the USA have such an interest in being involved with immigration fraud.
This is a really technical question and calls for a consultation. Every such case needs to be individually evaluated on the basis of underlying facts. Attorney should be able to discuss the strict requirements of H-1B / Employer-Employee requirements, USCIS sanctions, and permissible scope of passive participation. There is a very fine line between active and passive participation, and you should thoroughly discuss that with an attorney.
CIS traditionally views ownership in a closely held company as employment, and therefore unauthorized employment if you are in H-1 status. There are other non equity ways of achieving your goals which you need to discuss with a qualified immigration and business attorney.
