Madison, WI asked in Immigration Law for Wisconsin

Q: Hello, I am a Canadian citizen with a TN Visa in Madison Wisconsin. my question is, can i start a LLC holding company ?

my plan is to start a holding company that is in charge of another llc that i have shares in

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Immigration Law Lawyer
  • Sacramento, CA

A: As a TN visa holder in the U.S., you are restricted in the types of business activities you can engage in. The TN visa is employment-based, tied to a specific profession, and does not generally allow you to manage or operate a business actively. However, passive investments are usually permitted, which means you could own shares in an LLC or other entities without being involved in daily management.

If your plan is to create a holding company that merely holds shares in another LLC without engaging in active management, that could be acceptable. The key distinction is whether you're involved in running the business or making day-to-day decisions, which could be considered work and fall outside the limitations of your visa.

Before proceeding, it's a good idea to consult with an immigration attorney or an expert in U.S. business law to ensure compliance with both immigration and business regulations. They can provide you with the guidance you need, especially considering the fine line between passive ownership and active participation.

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.