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There's no immigration law that says you can't own a business while being employed in the USA. What you cannot do is be an "employee" of your business without satisfying the immigration laws. But, you don't need to be an employee of an LLC, because you can be the sole owner, and pay yourself distributions, rather than wages.
So, I think you're trying to get around something that's not illegal.
Hope this helps.
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If you are here on an H1B in some specialty capacity, then the visa permits you to maintain employment in that capacity. The visa does not prohibit you from owning your own business on the side. However, what you are describing appears to be something considerably more than a side business. Your facts suggest that the "side" business is the real employment and the H1B specialty employment is just a means of maintaining legal status.
If what I'm describing is true, and you get caught, your visa may be cancelled and you may be removed on grounds of fraud. On the other hand, if your business is just a minor portion of your income and you are engaged full time in your specialty employment, then that would show you as not materially misrerpesenting the reason for your presence.
You're welcome and good luck.
1)Is it possible another person of USA orgin to be a manager?
Can he enter leagl contracts on behalf of a minor child related to business?
A: The LLC is a separate legal "person." The manager acts on behalf of the LLC, not the individual partners/owners -- whether minors or adults.
At this time, I just think of 2 alternatives.
a)Forming a trust on minor child.AS parents,we can act on his behalf as trustees until, he attains or cross 18 years .I don't know how far a resident alien is a Trustee of the Trust?Possibility of this solution?
A: The child's ownership interest can be assigned to a trust, and you can be named trustee. I'm not sure what you're trying to accomplish here, but you can do it if you want.
b)Converting LLC business in to a Corporation and minor child should be a major share holder and we as a parents hold minor share holding in the Corporation,authorised to take daily operational decisoins of the business. Looking forward your answers. Which option do you think the best in given circumstances ?
A: Your goal, is no longer clear to me. I thought you were trying to avoid violating the terms of your visa, and I further thought that you had determined that since the LLC does not represent the primary source of income, that you are not at risk of having your visa revoked.
If what you are now trying to do is construct a business where your U.S. Citizen son is the owner, and the trust is the beneficiary of any income, such that you can manage it for your son's benefit, and avoid the possibility that USCIS will determine you to have violated your visa, because this is the only/primary source of your income, then this won't work, because as trustee, you would be managing the business in fact, and receiving compensation for your management.
Re the corporation choice, a corporation can only be managed by employees. So, you can forget about this option.
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