Legal Question in Immigration Law in Arkansas

H-1B Visa

Can an H-1B beneficiary be working for her employer (the petitioner, an LLC) not as a W-2 employee, but rather as a K-1 partner of the LLC [with a ''service agreement'' as the basis for the ''guaranteed payments'' (= payroll)]?


Asked on 6/24/09, 3:30 pm

2 Answers from Attorneys
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Re: H-1B Visa

No; per Dept. of Labor regulations certain taxes need to be paid for H-1 workers.

I would be happy to help you out if you contact me offline. Check me out at http://www.yardum-hunter.com, fill out a consultation request there at http://www.yardum-hunter.com/Main/Consultation.asp or email me at [email protected]. Until then, please don't rely on this as legal advice.

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

ST: 15915 Ventura Blvd., Penthouse #1, Encino, CA 91436

EM: [email protected] WEB: http://www.yardum-hunter.com

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Answered on 6/28/09, 8:54 pm
Daniel Hanlon Hanlon Law Group, P.C.

Re: H-1B Visa

Dear Inquirer:

An H-1B worker is supposed to be an "employee" of the petitioning entity, however, some unpublished USCIS appeals decisions and a DOL decision appear to support the idea that a worker who is a 50% or less owner of the entity may be eligible for H-1B status.

I recommend that you email [email protected] or visit www.hanlonlawgroup.com if you would like ot schedule a confidential consultation to discuss this matter further.

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Answered on 6/24/09, 5:50 pm


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