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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Immigration Law
Satisfied Customers: 12957
Experience:  B.A.; M.B.A.; J.D.
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B1 visa holder, LLC owner, 1 day consulting at US corp in US

Customer Question

I hold a B1 visa. I am a member of an LLC in the USA. As such I am not an employee of the company, and I do not receive a salary. I travelled to the US for an unrelated reason and was asked by another US company if I could spend a day at their office consulting with them on a piece of software I created. Is this legal under my B1 status, considering that the invoice I would end up sending them is from another US company. I do not receive a salary from a US company and I am not an employee of a US company, however profit generated by the company is considered my personal income in the US, does that exclude this activity from being executed while in the US under a B1 visa?

Submitted: 11 months ago.
Category: Immigration Law
Expert:  Phillips Esq. replied 11 months ago.
Hello: This isCustomer I am a licensed Attorney and I will be assisting you today.

I hold a B1 visa. I am a member of an LLC in the USA. As such I am not an employee of the company, and I do not receive a salary. I travelled to the US for an unrelated reason and was asked by another US company if I could spend a day at their office consulting with them on a piece of software I created. Is this legal under my B1 status, considering that the invoice I would end up sending them is from another US company. I do not receive a salary from a US company and I am not an employee of a US company, however profit generated by the company is considered my personal income in the US, does that exclude this activity from being executed while in the US under a B1 visa?


Response: The work you did for the other company is proper under your B-1 visa. For more information, click here.
Phillips Esq., Attorney-at-Law
Category: Immigration Law
Satisfied Customers: 12957
Experience: B.A.; M.B.A.; J.D.
Phillips Esq. and 3 other Immigration Law Specialists are ready to help you
Customer: replied 11 months ago.

Rated ok, since I would have expected at least a brief explanation, since any documents online only talk of employees which I am not, including the one you linked to. I am not an employee of a foreign company.

Expert:  Phillips Esq. replied 11 months ago.

Rated ok, since I would have expected at least a brief explanation, since any documents online only talk of employees which I am not, including the one you linked to. I am not an employee of a foreign company.


Response
: I provided you a link to show you examples what the B-1 visa could be used for. Your consulting on software that you created is business related and thus would be proper use of your visa. You would not be in violation of your B-1 visa status even if you are consulting for a company that is not part of your LLC.

Let me know if you still need additional information.


Customer: replied 11 months ago.

My concern is that http://travel.state.gov/pdf/BusinessVisa.pdf states "Will receive no payment or income from a U.S. based company/entity". However my LLC will be paid for the service I perform, and income of the LLC is for tax purposes treated as my personal income in the US.This particular issue is not covered in the document you link to.

Expert:  Phillips Esq. replied 11 months ago.

My concern is that http://travel.state.gov/pdf/BusinessVisa.pdf states "Will receive no payment or income from a U.S. based company/entity". However my LLC will be paid for the service I perform, and income of the LLC is for tax purposes treated as my personal income in the US.This particular issue is not covered in the document you link to.


Response: But the purpose of your travel was not to consult with the company about the software that you created. The consult was incidental and a one-day thing and the payment is not personally being made to you, but to a U.S. based LLC. Even if the payment would flow to you, the actual payment from the company would be to a U.S. based LLC. So, you would not be in violation of your B-1 visa status.

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