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    Edmundo Daco Jr.

    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.

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