I am on H1B visa and am intending to apply for EB5 visa in the near future. I have a few business ideas and want to start either a franchise or a entirely new venture (or both). I may have a permanent resident / citizen partner who can spare time for operations with my passive investment. I don't intend to work for the firm but it will be entirely my investment.
You may start a venture (LLC or otherwise) on H1B as a passive investor. Contact a business attorney and immigration counsel to assist you.
Mr. Smith is an attorney with over 25 years of business formation and immigration experience with complex immigration issues and successful EB5 filings. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Smith's statement above does not create an attorney/client relationship.
You can start whatever venture you want, provided it is legal. You cannot work in it in any capacity including doing any managing tasks. You can hold 100% of its shares and enjoy investment benefits.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
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