Can an H-1B visa holder register a business in the US?
-
Yes, H-1B visa holders can own and register a business in the U.S.
Before 2010, there is no clear rule on whether or not H-1B visa holders can build a business in the US. Therefore, people understood that non-immigrants on H-1B visa can build a business as long as they don’t violate any H-1B visa rule. Everyone also thought that H-1B visa holder cannot work for their own company.
In 2010, the USCIS made a memorandum to clarify the H-1B visa rule on business. They made it clear that an H-1B visa holder can build a business in the US and also work for it, given that he/she is not the sole owner of the business. Also, H-1B visa holder should be treated as an employee despite being a co-owner and there exist a board of governors or CEO that can hire and fire the non-immigrant.
The position that will be occupied by the H-1B visa holder should really exist, and not just for the sake of getting an H-1B visa. This position should also require at least a Bachelor’s degree. Lastly, the company should have a business plan to employ American workers.
Note: This is not a legal advice.
Please sign in to leave a comment.
Comments
1 comment