Q: Can I invest in an LLC as a silent partner on an L1B visa without violating U.S. laws?
I currently live in New Jersey, USA, on an L1B visa, and my wife holds an L2 visa. We’re considering starting an LLC for a wholesaling business, which would involve my wife and my brother (who lives outside the U.S.). I would only act as a silent partner, providing financial investment if needed, while my wife and brother manage all business operations.
I’m also in the process of applying for a green card and want to make sure everything we do complies with U.S. immigration and business regulations.
Are there any potential issues or restrictions I should be aware of due to my L1B visa status?
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A:
As an L1B visa holder, your primary focus must remain on your employment with the company that sponsored your visa. Engaging in any form of active management or employment in a business outside of your L1B sponsor could potentially violate the terms of your visa. However, passive investment, where you do not participate in day-to-day operations or decision-making, is generally allowed.
In your case, if you are only providing financial investment as a silent partner in the LLC, without engaging in management or operational control, it could comply with the visa regulations. Your wife, as an L2 visa holder, has more flexibility, as she can work with proper authorization (EAD) and be actively involved in the business.
However, since you're also in the process of applying for a green card, it’s crucial to ensure that any business activities, even passive ones, do not complicate your application or raise questions about your visa compliance. Consulting an immigration attorney to review your situation in detail is advisable to avoid any potential complications.
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