H-1B status provides numerous opportunities for living and working in the United States, but it comes with a clear rule: you may only work for the employer listed on your approved petition. This may make it seem like the American dream of entrepreneurship is out of reach for those on H-1B visas. However, it is important to note that:
At Kriezelman Burton & Associates, LLC, our immigration attorneys regularly advise H-1B workers with questions about their status. If you have questions about owning a business or any other H-1B-related concerns, do not hesitate to reach out to our team.
H-1B workers may engage with a business in ways that do not constitute “work” under immigration law. This may look like:
These arrangements allow H-1B workers to build a financial interest in a business. They do not, however, permit the holder to actively run, manage, or perform services for that company.
Active involvement is where H-1B status becomes at risk. If a worker is making operational decisions, managing employees, performing services, or otherwise working within the business, USCIS can consider it unauthorized employment on an H-1B visa, even if the worker is the owner.
Examples of activity that can create problems:
The line between “founder” and “employee” is not always clear. That ambiguity is exactly why H-1B workers should consult an immigration attorney before taking on any active role in a new business.
If an H-1B worker wants to actively work for a business they own, the business must file a new H-1B petition on their behalf that names itself as the employer. According to USCIS, an H-1B worker “may have an ownership interest in the petitioning entity,” but the business must still function as a legitimate employer and file the petition through standard channels.
This means the new business must:
This process is possible, but it requires careful structuring and documentation.
H-1B status is not the only path for creating (and working for) a business. Other options may provide more flexibility, such as:
Certain options may serve your entrepreneurship goals and circumstances better than others.
The rules governing H-1B status are detailed, and the consequences of unauthorized work are serious. Status violations, visa denial, future immigration concerns, and even removal proceedings can all come from improper investment in a new business. Approaching this situation with an immigration attorney’s guidance is key.
The attorneys at Kriezelman Burton & Associates, LLC have helped H-1B workers and entrepreneurs proactively navigate immigration regulations for decades. Reach out to our office to schedule a confidential consultation and start determining the best path forward for your situation.
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