Legal Question in Immigration Law in New York

Re: Earnings and profits while on B2 visa

Generally, if you are a member of a U.S. LLC that is managed by non-member managers, you can probably characterize this as a passive investment that does not involve "employment" and does not otherwise violate the terms of your visitor visa. Simply being a recipient of profits and losses from a U.S. source does not have much of an impact on your status under the immigration law (it would result in U.S. tax liability, though). However, a lot would depend on the type of the LLC that was set up, how it is managed, its activities in the U.S. and your involvement in its management or operations. If you are attending to any business matters on behalf of your LLC, you may also need to convert your B-2 visa into B-1 visa or seek an employment-based non-immigrant status. Without knowing all the facts about you or your LLC it is impossible to give you specific advice.

This reply is in the nature of general information, is not legal advice and should not be relied upon as such.