QUESTION

Can I incorporate LLC in the US if I am on H1B Visa.

Asked on Aug 22nd, 2013 on Immigration - Texas
More details to this question:
I am currently working in the state of Nebraska on H1B visa. The company I work for has applied for PERM and I have approved I140. I am planning to setup a marketing/trading company that will import goods from India and sell in the US market (B2B). Most of my prospective customers are in Texas so I will be setting us a small office and warehouse in Huston, Texas. Given my situation for Visa status and PERM I am trying to find out which business entity structure suits my business requirements as well as my immigration status. Please suggest if there is a possibility of incorporating a company on H1B visa and if any, what restrictions do I have to operate. Thanks,
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1 ANSWER

Immigration Law Attorney serving St. Louis, MO
Partner at CoxEsq, PC
2 Awards
You can create an LLC and be a member of an LLC in H1B status.  However, the LLC cannot employ you (i.e., pay you a salary or other wages).  You may, however, take a provide from the LLC distributed to members.  You could also incorporate and be a shareholder, but the corporation could not employ you.
Answered on Aug 22nd, 2013 at 1:58 PM

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