QUESTION

B1/B2 Visa - legal to work?

Asked on Jun 17th, 2016 on Immigration - Florida
More details to this question:
Is it legal to work if you have a B1/B2 Visa? If not, is there any legal way to work around it, such as creating a business where a US citizen is identified as the owner and/or manager and/or officer, you're listed as a manager or investor, and you/your family (also with B1/B2 Visas) actually do all or almost all of the work and management of the business, list your apartment as the business address, and use the profits from the business to support yourself and your family? The business does have a tax id and pays taxes. If not, what are the possible consequences if you've been doing this for many years?
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2 ANSWERS

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
It is not legal to work in the U. S. under B-1/B2 visa status under the conditions that you have described. While someone holding B status may be a passive investor, that does not appear to be your situation. Possible consequences are that you are in violation of your immigration status and removable. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Jul 16th, 2016 at 1:22 PM

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No, you cannot work on a B1/B2 nonimmigrant visa. You would need a visa that authorizes you to work in this country. What visa option would be appropriate would depend upon the employment you wish to seek. If you have already been engaging in such conduct, you risk revocation of your visa, denial of future visa applications or request for other immigration benefits, denial of entry, and removal from the country. You can read more about the activities allowed on the B1/B2 visa at http://myattorneyusa.com/travel-visas.  
Answered on Jun 17th, 2016 at 12:56 PM

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