Legal Question in Immigration Law in Michigan

I am on h1b visa planning to start single member llc, is this legal with respect to immigration.

I checked with my cpa, IRS is fine with it. Please anOn h1b visa


Asked on 12/28/09, 2:48 pm

1 Answer from Attorneys

Michael Harris Law Offices of Kravitz and Guerra, P.A.

In years past, one could be an owner of their own company in order to serve as their employer while on H-1B status. But no longer. The U.S. Immigration Service has been recently taking a hard line stance against this type of self employment and have been denying H-1B petitions -- as well as other categories where the beneficiary is also the sole owner of the employer.

Even though the IRS says this is ok, the U.S. Immigration Service doesn't agree any longer. You should consider speaking with a qualified immigration attorney to fully understand what the current H-1B decisions say about "employer-employee" relationships.

Note, most out-of-state attorneys can legally help you because we are permitted to practice federal immigration law outside of our state of jurisdiction.

Sincerely,

Michael A. Harris, Esq.

Associate Attorney

LAW OFFICES OF

KRAVITZ & GUERRA, P.A.

800 Brickell Avenue, Suite 701, Miami, Florida 33131

Please view my contact information for more information about my professional background.

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Answered on 1/04/10, 9:07 am


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