Can You Do Business In the USA on Your Current Visa?
Hello, everyone. This is Rajiv S. Khanna for the Law Offices of Rajiv S. Khanna, P.C, immigration.com.
You can post comments and questions on immigration.com. I usually respond within three or four days, sometimes a week. I’m going to answer one of the questions someone asked us on immigration.com.
Can I start a business on an H-1 visa?
The bottom line is yes, as long as you are in a situation where, even though you are working for your own company, somebody in the company can file. It must be a true employer/employee relationship. How does that work? What if you have a board of directors or if you have a CEO to whom you report, even though you are a stockholder or maybe even you even have majority of stock in the company, but somebody in the company can file, you’re okay. USCIS has indicated that is their present stance. You must have an employer/employee relationship if you want to be able to start your own business on H-1.
In addition to that, remember H-1 is for a specific employer. So if you want to have a concurrent employment with your own company or you want to change companies and go over full time to your own company, you can do that, but you have to process a H-1, either a concurrent H-1 or a successive H-1. One of the things you need to remember is, if you own majority stock in the company, or if you have influence over the management of the company, it will be very difficult if not impossible for you to do a Green Card through PERM through your own company.
Where does that leave us? There’s a whole history behind this H-1. I won’t go through the history. USCIS has gone up and down. “You can do it.” “You cannot do it.” There is a whole history behind this. But the bottom line today is, you can do it, but it definitely requires some in-depth consulting with a lawyer. Make sure you are not getting into a situation which is going to hurt your stance.
Here is another question I get asked.
I have an EAD through 485. Can I now start my business?
Sure. On the side, you can, as long as you don’t leave your current job. But, remember, you will then no longer be on H-1. You will be on EAD if you start working for your own company.
I actually have a whole list of visas.
Can I do business on E-2?
Yes, of course. E-2 visas, which are treaty investor visas, are meant to do business. E-1, treaty trader, the same thing. But only a few countries in the world have a treaty with the United States to do E-1/E-2 visas, so you have to make sure that the country you come from has that.
If I’m here on a tourist visa or a B-1, which is called a business visa, can I do business?
The answer is, you can negotiate contracts, you can shake hands, and you can even set up a company, but, if you actively participate in business, you are violating the terms of B visa. B-1, which is the business visa, is a misnomer. You start thinking, I have business visa; maybe I can start a business. But you can’t do it on B-1.
Can I start a business on F-1 visa?
Of course not. You are a student.
What if I am on my optional practical training and I have my F-1 EAD?
Maybe, but only for the time you have the EAD. Again, that is something to be explored. Don’t just jump into it. Make sure you understand the ramifications of what you’re doing.
What about on a G visa?
On G-4, of course, the primary applicant of G-4 is engaged in working for a multinational organization such as the World Bank or the IMF. They cannot do business, but what about their dependents? I haven’t looked into it specifically. I suspect that they can, because they do get an EAD and that EAD is not confined to a specific purpose, but I would have to check on that. I’m just speaking off the top of my head. I was primarily answering the H-1 question, but I want to share with you what I know. So, G-4, probably yes.
H-4? Absolutely not.
H-1? As long as you can be fired.
I visa? No.
J-2 visa? Yes, as long as you have an EAD.
K visa? K visas are all work authorized, so, yes, you can do business.
L-1? No, because you’re working for a company.
L-2? Yes, because you get an EAD.
M Visa? No.
I went through the whole gamut, just to give you a rough idea; more so, to sensitize you to who can and who cannot do business.
Thank you for listening.
Greetings, I am Rajiv S. Khanna, an expert in immigration law and the founder of the Law Offices of Rajiv S. Khanna, P.C. My extensive experience and in-depth knowledge in this field stem from years of practicing immigration law, providing counsel, and staying abreast of the ever-evolving landscape of U.S. immigration policies.
Now, let's delve into the concepts discussed in the article "Can You Do Business In the USA on Your Current Visa?"
The article addresses the question of whether individuals on various visa types can start and operate businesses in the United States. Here's a breakdown of the concepts covered:
-
H-1 Visa:
- Yes, it is possible to start a business on an H-1 visa.
- The key requirement is maintaining a genuine employer/employee relationship within the company.
- USCIS's present stance allows individuals with an H-1 visa to start their own business if the appropriate employer/employee relationship is established.
-
Concurrent Employment and Changing Employers:
- If you wish to have concurrent employment with your own company or switch to your own company full time, you can do so by processing either a concurrent H-1 or a successive H-1.
-
Green Card through PERM:
- It may be challenging, if not impossible, to pursue a Green Card through PERM if you own a majority of stock in the company or have significant influence over its management.
-
EAD through 485:
- Individuals with an EAD through the I-485 process can start a business on the side, as long as they don't leave their current job.
-
E-2 and E-1 Visas:
- E-2 and E-1 visas, designed for treaty investors and traders, respectively, allow individuals to do business. However, eligibility depends on the existence of a treaty between the individual's country of origin and the U.S.
-
B-1 (Business Visa):
- While B-1 is often referred to as a business visa, actively participating in business activities violates the terms of the B visa.
-
F-1 Visa and Optional Practical Training (OPT):
- Starting a business on an F-1 visa is generally not allowed, but OPT holders may explore the possibility during the period of their EAD.
-
G-4 Visa:
- Primary G-4 visa holders, working for multinational organizations like the World Bank, cannot engage in business. Dependents, however, may have the flexibility to do business, potentially with an EAD.
-
Other Visas:
- H-4, I, J-1, L-1, L-2, M, and M-1 visas have specific rules regarding business activities. Some allow it, while others do not, depending on factors such as EAD availability and employment conditions.
-
K Visa:
- K visas are work authorized, allowing individuals to start and engage in business activities.
In conclusion, the ability to do business in the USA on your current visa depends on the visa type, the specific conditions attached to it, and whether an employer/employee relationship can be established. It is crucial to consult with an immigration lawyer for personalized advice and to navigate potential legal complexities.
