Legal Question in Immigration Law in New Hampshire

H1-B visa and owning a small business

I have a question regarding H-1B status and owning a small business and was hoping that you could help me.

I am currently on an H1-B visa in the US and am working as a software engineer. I am planning on starting a small

business (LLC or 'C' corp) and was wondering if that is possible. My current employer (who has filed for my 'Green Card') will continue to hold my H-1B visa as I will still be working for him on the side.

Given the fact that my H1-B will be held by a separate company, can I open an LLC or 'C' corp on my name?

Also, because I cannot remain on the payroll of my own company, how can I take the funds out (profits).

Can I pay my wife (who is also on H1-B visa) from my company??

Are there any workarounds?

I will really appreciate if you can answer these questions and/or provide me with some resources where I can get some more information.

Thank You!!


Asked on 11/09/05, 6:36 am

2 Answers from Attorneys
Vincent Martin Hellmuth & Johnson PLLC

Re: H1-B visa and owning a small business

One must be VERY careful with such a proposition. If the Immigration Service concludes that your "self-employment" violates your status, this could result in a denial of your application for permanent residence. Proceed cautiously - a lot is at stake.

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Answered on 11/10/05, 11:00 am
Baoqin Wang Law Office of Baoqin Wang

Re: H1-B visa and owning a small business

Your company may be able to sponsor a part-time H1B for yourself or your wife if things are carefully arranged.

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Answered on 11/09/05, 1:36 pm


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