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H1B Work Visa Holders formed a business

Baton Rouge, LA |

Two H1B Work Visa Holders formed a business - LLC in the state of [State Removed by Avvo]. They are the only members of the LLC. Currently, they hold the co-CEO positions at the company, however they do not work but manage the company only. They know that the per imm. laws, without proper authorization, they can't work for their own company. However, they are also aware that they can manage their investment in the company. All the startup expenses of the company are considered investment by the founders. The business is e-commerce service oriented business and the services will be performed outside of the US. There will be no employees of the company and only contractors will be hired to do the work for the company.
We are seeking proper legal advise based on the facts given above. Please share your thoughts.

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Attorney answers 4

Posted

The members of that resourceful group must consult with both corporate and immigration attorneys in person to detail their activities and receive an accurate legal advice.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one’s personal legal issues. Contact an experienced criminal defense lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com

Asker

Posted

Thank you. This is the goal if the right immigration attorney with experience in similar case described above is found. We are seeking legal professional advise. An attorney who could provide us with memo/opinion. Thanks.

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

A legal memorandum takes several weeks to research, write and submit. Avvo format is not the best format for that.

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

And thank you for marking my answer as helpful

Posted

I see a problem, a big problem.

You used the phrase "manage the company only" ... this is a type of work.

I fear that you're doing much, much more than sitting back and counting your money.

You really, really, need to meet with an immigration attorney before you do anything more.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

Asker

Posted

If you could explain why it is a big problem. When you invest in stock market, you monitor and manage your investment, correct? How investing in stock market vs investing in your own company is different? Thanks for your responses.

F. J. Capriotti III

F. J. Capriotti III

Posted

There is a very, very big difference. Investing in the stock market, at most, involves calling your broker occasionally to tell him/her to buy/sell. "Managing" a company involves talking to your workers overseas (India?) and telling them things to do (not buying/selling of stock) probably like ... "I think we should do XYZ with our website, or I think we should stop buying/selling this product ... that is much, much more than managing an investment.

Asker

Posted

Thank you. I understand you will occasionally call your broker when in the stock market. However, let's say, you don't have a broker. You research, monitor, buy and sell the stocks yourself via etrade/other resources. You spend time and are doing this in order to maximize your investment. Is it considered employment? I believe no, right? Then how hiring contractors is different than the managing your investment? Also, if one doesn't get paid salary and doing this on voluntary basis (ie hiring contractors), to maximize the investment, how it can a big, big problem? I know we are walking on the fine line here, that's the reason we are looking for experienced attorney who could represent us in the future in case there are any questions. We are looking forward to receiving your next response. Thanks

F. J. Capriotti III

F. J. Capriotti III

Posted

Come on ... don't even begin to try telling us that you think researching stocks is the same as 'hiring contractors'. Payment of a salary is irrelevant. You're not walking a fine line ... you are 'stomping' on the line. You are wise to look for an attorney ..... now, before you make the mistake of starting this LLC venture. Many immigration lawyers use Skype for this service.

Posted

You need to consult with both immigration and corporate attorneys to be sure you create both a long term and short term solution to any immigration issues presented in the above fact pattern. From what is described there are going to be issues. If I can be of further assistance please let me know.

Posted

There are different visas available to set up a business for foreigners. As has been mentioned, you should consult an attorney who can provide you with the proper guidance in corporate and immigration law. If my firm can be of further assistance in immigration and corporate matters, please feel free to contact us.

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