Troy, MI asked in Immigration Law for Iowa

Q: I and a couple of friends want to form LLC & all of us are on H-1B Visa. Can we form an LLC on H-1B Visa Status?

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3 Lawyer Answers
Syed Ali Hussain Lahooti
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  • Immigration Law Lawyer
  • Silver Spring, MD

A: H-1B visa holders are allowed to invest in and own a business in the United States as long as it is a passive investment and they are not involved in the day-to-day operations of the business.

James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

A: Yes, it is possible for individuals on H-1B visa status to form an LLC in the United States. However, there are some important factors to consider when forming an LLC as an H-1B visa holder.

First, as an H-1B visa holder, you are generally authorized to work only for the specific employer that sponsored your visa. If you are planning to work for the LLC or receive income from it, you may need to obtain additional authorization or change your visa status.

Additionally, forming an LLC may have tax implications, and you may need to consult with an accountant or tax professional to ensure that you are complying with all relevant tax laws and regulations.

It is important to work with an experienced immigration attorney to understand your options and obligations as an H-1B visa holder and to ensure that your LLC is formed correctly and in compliance with all applicable laws and regulations.

Carl Shusterman
Carl Shusterman
  • Immigration Law Lawyer
  • Los Angeles, CA

A: Possibly. Make sure that you do not get a salary from the LLC.

Hire an immigration attorney to see the court rulings in your area.

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