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Ely
Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 100047
Experience:  Private practice in several areas, including immigration
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can i set up my own corp in US as a h1B holder? i am not going

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can i set up my own corp in US as a h1B holder? i am not going to work for it.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

Please explain what you mean by set up? Will you be a director? An officer? A shareholder?

What will you be doing in said role, exactly?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 3 years ago.

i am going to be a shareholder only for the company. not operate for the company. just as an investor.

Thank you.

One can begin a corporation on an H1B. However, this is where it gets subjective.

An H1B holder must be completely hands off, and must be a passive investor. This means no director position, no officer position, or employment/contractor.

The bylaws of the corporation must reflect that you are a completely passive investor and have no management ability. In addition, any money coming to you should be via dividends, and not actual corporate profits.

If this is all done, then there is - on the face - sufficient evidence of a passive investor - which should pass muster.

Needless to say, this should only be done with individuals that one trusts, as they can potentially take advantage of your inability to take charge of the company as an H1B holder.

I hope this helps and clarifies. Good luck.

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Customer: replied 3 years ago.

thanks! can i hire someone in other countries as director or employee?

L,

I am afraid that a corporation in the US formed by an H1B that requests visas for others is unlikely to have those visas granted. It would look too much like a scheme and may not pass muster. In addition, the H1B holder themselves would be placing extra attention to themselves.

It would be find to hire employees/contractors in other countries to work in those countries, but it may prove very tough to bring them here on a visa. I am sorry. The corporation may be better off to retain someone local.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

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Customer: replied 3 years ago.

thanks.


no, they are not coming to US, they are going to work and stay in other countries. Is that fine?

L,

Ah, I see. That should not be an issue, then.

Remember: think passive role only!

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