Legal Question in Immigration Law in New York

Re: Compensation for partnership gains on non immigrant visa

As far as an H1-B is concerned, LLC membership is potentially a violation of that visa's grant. An H1-B holder is not supposed to be self employed. Membership in an LLC is typically is on a managing member basis, not a non-managing member or passive investor basis. Hence, the more the H1-B holder partcipates in the LLC's business, the more the danger of violating his visa.

There is no bright line test, but it is generally advisable to distance yourself from the LLC on a managerial level to preserve your H1-B visa.

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Best,

Kaiser Wahab