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Immigration, h4 visa, foreign llc owner entering the united states

I incorporated a LLC in Delaware in 2004. I did not live in the US at the time and I still don't. However, my husband's been accepted on a H1B visa, and myself on a H4 which, I read, does not allow me to work.

The LLC receives money from commissions, and advertising deals (most of them from the USA). I am the sole shareholder of the LLC. I obviously want to respect the rules of the H4, but at the same time, I don't wish to shutdown the LLC.

Would transferring the LLC ownership to a family member living abroad work? Would the LLC then be able to continue operating without any problem? What other steps should I take? I would obviously not work when the ownership transfer is effective.

Any advice you may provide me is extremely appreciated. Thank you.

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Attorney answers (1)

Reputation Level 13
While an H-4 is not authorized to work in the USA, he/she can own an LLC. You are eligible to own it, but NOT work for it. You can enjoy profits from the LLC, but cannot work for the LLC.
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