Legal Question in Immigration Law in California

Starting Business On H1B

Hi,

Is there any way a person on H1B visa can start a business in USA ? Like by getting help from a US citizen or anything else.

I know he can register a company but can't work for anybody but the employer who sponsered the H1B visa.

So is there any way he can start a company and play an active role in that company ?

Thanks

Matt

Asked on 11/24/04, 3:07 am

4 Answers from Attorneys

Amy Ghosh Law Offices of Amy Ghosh
0 users found helpful
0 attorneys agreed

Re: Starting Business On H1B

E visa is not avialable for Indians. I have dealt with many H1B in the IT industry..who wants to start their own business. There is no simple answer to this question. They can be a share holder...but cannot play active role. If that person wants to play an active role...he should have a part-time H1b from the new company formed. Always remenber that in a corporation majority share holder can be a foreigner but the corporation is an american entity which will be sponsoring him.

Read more
11/24/04, 10:33 am
Larry L. Doan Law Office of Larry L. Doan
0 users found helpful
0 attorneys agreed

Re: Starting Business On H1B

I would caution that there are important requirements to an E-2 investor visa. It's not so easy as some others have claimed. The investment has to be substantial AND it cannot be a passive investmnet for you. But, if you're going to play an active role in your new startup, you'll probably be violating the terms of your H-1B and would have to give it up.

The E-1 visa is similar with the other difficulty in that it has to be shown that your new company has a pattern of substantial trade between the U.S. and your home country.

Liem Doan, Esq.

Note: The above response is provided for legal information only and is

not legal advice. Such advice can only be rendered after an

attorney-client relationship has been expressly established with appropriate payment of valuable consideration. Follow-up advice on your particular situation can be obtained at a proper consultation.

Read more
11/24/04, 12:36 pm
Baoqin Wang Law Office of Baoqin Wang
0 users found helpful
0 attorneys agreed

Re: Starting Business On H1B

You can have two H1Bs at the same time. You can be an H1B for another employer and have your own company sponsor a part-time H1B for you.

Read more
11/24/04, 1:24 pm
Christopher M. Brainard, Esq. Law Offices of C. M. Brainard - (310) 266-4115
0 users found helpful
0 attorneys agreed

Re: Starting Business On H1B

Yes, you can start a company, invest in it, and then apply for an E visa. An E visa is an excellent visa that can be renewed yearly. I have done this and you will need an experienced attorney to accomplish these transactions successfully. You may contact me.

Read more
11/24/04, 3:26 am

Related Questions & Answers

More Immigration Law questions and answers in California

Looking for something else?

Get Free Legal Advice

8817 active attorneys ready to answer your legal questions today.

Find a Legal Form

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Form

Featured Attorneys

Anthony RoachLaw Office of Anthony A. RoachChatsworth, CA
David SlaterDavid P. Slater, Esq.Boca Raton, FL
Phillip D. Wheeler, Esq.Phillip D. Wheeler, Attorney At LawMorro Bay, CA
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now