Sunnyvale, CA asked in Gaming and Gov & Administrative Law for California

Q: I am on H4 Visa and would want to start an LLC.

I understand that I cannot actively work on my LLC on H4, but would like to know more about the terms of passively working. can I appoint someone to actively manage my LLC ? And does that person need to be in US if my LLC is registered in USA. Thanks.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: If you're on an H4 visa, you're correct that you cannot actively work on your LLC without employment authorization. However, passive involvement, such as being an owner or shareholder, is generally allowed. You can appoint someone else to actively manage the business on your behalf, as long as you're not involved in day-to-day operations.

The person managing your LLC doesn't need to be located in the U.S., but there are practical considerations. Having someone familiar with U.S. regulations and business practices could be beneficial, especially when dealing with legal and financial matters specific to running an LLC.

It’s important to ensure you remain compliant with both immigration and business laws. Be mindful of the line between passive ownership and active management to avoid issues with your visa status.

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