Q: Can I have an LLC while being on an H1-B visa?
I am currently on an H1-B visa and would like to start a simple blog. I would like to have an LLC around it. This isn't for profit, just as a best practice though.
As I understand there are many restrictions around having an LLC while on a H-1B: specifically it seems like I could own the LLC but not participate in it actively. I wonder how this applies to my situation, specially since I don't intend to earn an income from the blog, but I do intend to write on it actively.
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A:
While you can legally own an LLC as an H-1B visa holder, actively managing or working for it could violate your visa terms, even if the work is unpaid. The key issue isn't ownership - it's about engaging in work outside your H-1B sponsorship.
Writing blog posts would likely be considered active participation in the business, regardless of whether you earn income from it. This could potentially jeopardize your immigration status since H-1B visas restrict you to working only for your sponsoring employer in the specific role they sponsored.
Consider maintaining the blog as a personal hobby without forming an LLC until you consult with an immigration attorney who can review your specific situation. Your desire to follow best practices is commendable, but the safest approach is to get professional legal guidance before proceeding, as immigration law complexities can have serious consequences for your visa status.
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