This is primarily an immigration question, not a business question. I have added tags that will indicate this. My understanding is that you cannot work for your own business even with a work visa. You must be employed and supervised by a qualified US company. This is a very sophisticated question that may require a consultation with an immigration attorney, a business attorney and possibly tax attorney. Avvo may not be the proper forum for this question.
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With an E-2 visa as the managerial employee of an E-2 investor (your brother), yes. Otherwise, no.
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
I concur with my colleagues. You need to show that you have invested a substantial amount of money in the venture in order to obtain an E visa. In any case, you need to work with an immigration business attorney. Best
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