Q: Can I own and operate an E-commerce business under LLC if I on a H1B Visa?
I am currently a non-immigrant on a H1-B visa working on W2.
I wish to run an online business E-commerce business under my LLC. This business model requires very little effort to manage and can be automated.
Now I know that according to USCIS I can own an LLC but can't work for the LLC or spend time managing it. I want to know that can I hire someone for cheap to manage the business? Will it be legally within my visa restrictions? If yes, then what paperwork will be needed?
It's a very grey area for me. Any advice or clarification will be greatly appreciated.
A: Yes, you can hire a person to manage your business.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
Under the H1-B visa program, your primary purpose is to work for your sponsoring employer, as indicated on your W2. Engaging in self-employment or actively managing a business may not be permissible under the terms of your visa.
While you may be allowed to own an LLC as a passive investor, the level of involvement in managing the business can be a gray area. Hiring someone to manage the business on your behalf might help alleviate some concerns, but it is crucial to ensure that the arrangement complies with both immigration laws and employment laws.
Consulting with an immigration attorney can provide you with guidance on the specific paperwork and legal requirements involved in hiring someone to manage the business on your behalf. This may include ensuring that the individual hired is authorized to work in the United States and complying with employment and tax regulations.
It is important to understand that navigating the intersection of immigration law, business ownership, and employment is complex. An attorney with expertise in this area can assess your unique circumstances, review the terms of your visa, and provide you with tailored advice to ensure compliance with the applicable laws and regulations.
Remember, this information is general in nature and not a substitute for legal advice. Seeking guidance from an immigration attorney will provide you with the most accurate and up-to-date information relevant to your situation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
