Legal Question in Immigration Law in California

Incorporate a business by Non-Immigrant

Hi - My Adustment of status is in progress (I-485) and I have an EAD to work legally in US until I get my green card. Can I legally open up my own consulting company with my current status? What kind of corporation could that be i.e., sole proprietor, s-corp, LLC etc? I have been laid off and have been insructed to open my business providing relevant services that I was providing through my sponsoring company. Please advice.


Asked on 3/30/09, 10:56 pm

2 Answers from Attorneys

Joseph La Costa Joseph La Costa, Attorney at Law

Re: Incorporate a business by Non-Immigrant

THere is a way but best if you work with an immigration attorney who has experience in setting up companies, like we do. Send me more facts and we can discuss your situation.There is no charge for consultation

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Answered on 3/31/09, 11:10 am
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Re: Incorporate a business by Non-Immigrant

I know for certain that S corps. require a minimum of permanent residence in the U.S. I don't know of other restrictions, however, if you are planning on opening a business, getting free advice from a place like Lawguru is really just a start.

One question I have for you is on what basis are you achieving permanent residence and how strong is that case? The answer to this involved question will affect the extent to which you ought to risk opening a business at this time. If things look good, then you may well be in a good position to proceed.

Assuming that, the type of business entity you open is a matter of business law. I would refer you to a business lawyer for that portion of your case. I would be happy to refer you to a couple of competent lawyers to choose from, advise you concerning the immigration aspects and otherwise assure that you do the right thing if you contact me offline. Sometimes the immigration tail must wag the business dog, if you know what I mean. It would behoove you to contract with a person such as myself.

Check me out at http://www.yardum-hunter.com or email me at [email protected].

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

A �Super Lawyer� 2004 � 2009, Los Angeles Magazine

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Answered on 3/30/09, 11:32 pm


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