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Can I own/run a company on H1b visa?
Anonymous8 views6 answers
I know the immediate answer is "You can own a company, but can't work for it".
In my case, I specifically want to know if I can own the company (LLC), and have a friend of mine who has a green card to be the sole employee on paper (One person can run the company because it is an online shop). In practice, I will still be the person who does the day to day job, but I won't get paid (nor will my friend). The profit just keeps accruing until I get my green card. Is this possible? Am I legally vulnerable in this scenario? How about my friend?
Thanks in advance!
What you are proposing sounds like an attempt to circumvent the employment restrictions from your visa, which would mean you are violating your visa status. Even though you are dressing up the situation as not being employment, the underlying reality of the situation is (in my estimation) employment.
You also have a potential problem of having someone work for you without being paid, which is an entirely different sort of labor law problem.
If you're really interested in proceeding with this plan, it would be in your best interest to consult with an immigration attorney because of the potential problems it presents for your own immigration status to see if there's more to the situation than what is being presented here.
I am moving this question to the immigration board. I understand the question to be, you know it to be illegal but are curious about the actual potential liability, such as whether it will practically be an issue for your eventual AOS. I will leave that to more experienced immigration attorneys.
yes you are as moon lighting is not allowed under h regulation, and your status is employer specific, any work in running day to day operation even without getting immediate payment is still can be considered unauthorized employment by the CIS. consult the company counsel, or a private attorney in details for best advice.
The proposed strategy of having an employee " on paper" and you rendering the "day to day" activities of your registered entity with an H-1B for your lawful employment with a different entity is not permissible.
Your proposed strategy is nothing more than attempt to circumvent the Unitd a States immigration laws. You will own the company as well as handle the "day-to-day" operations, which is a violation of your status. You would be working for the company. You may only be employed by the petitioning employer.
