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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 106265
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Currently on an derivative I visa my husband holds, I realize

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Currently on an derivative I visa my husband holds, I realize I am not allowed to work in the US. While remaining on that visa, can I create a business or invest in one & receive income in the US from that business? I do not hold a SSN.
Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. Believe me that I will try my best to give you a solution if one exists, but sometimes the law does not have a good one.


Yes, you can create a business and invest in that business and receive dividends or a return on that investment, but be careful. You are not allowed to work for the business or receive compensation from the business for any work that you do for it. So for example, in order to insulate yourself, you would hire a president or executive manager to run the business. You are not supposed to be involved in the day to day operations. So if you understand that, you should be ok and you can apply for the company to have a tax ID number under which it will run.


Please let me know if you have additional questions and please do not forget to rate my service to you positively (not the state of the often unjust laws which I have no control over) as that is the only way that I can get credit for my assistance to you. Even after you rate the service, I can still answer additional questions for you without additional charge. If you feel I have earned one, bonuses are always appreciated. To request me in the future, make sure you type: FOR GUILLERMO on the subject line. Thank you!
Customer: replied 3 years ago.

Thank you. So then, would it make more sense to switch to a visa like the E-2 to be able to work for that business?

If you can qualify, yes it would make more sense, but you have to be first from a country that has an E-2 treaty with the U.S. and second, you have to invest a substantial amount. The law doesn't define what "substantial" is, but most attorneys do not take E cases where the investment is less than $200,000 because they do not want to risk losing the case and having an upset client because the client has to have the money already invested and at risk and if it is denied, they have to try to sell the business or something to try to recoup their investment.

Here is a link to the E-2 if you want to read more:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=2ea36811264a3210VgnVCM100000b92ca60aRCRD&vgnextchannel=2ea36811264a3210VgnVCM100000b92ca60aRCRD


If you have less than $200,000 to invest, the case could be at higher risk of denial. To have a chance, you would probably not be able to open the business in a big city, like Las Vegas, New York, Los Angeles, Miami, Dallas, Atlanta, Chicago, etc., where most people want to live because the cost of living and doing business is much higher. Ifyou have less than $200,000 and you still want to be successful, you may have to open the business in some small town in the middle of nowhere that has a very low cost of living and doing business, like maybe a small town in North or South Dakota, Utah, Nebraska, etc. This is because a smaller investment would have a much better chance of succeeding in such a location.

Please let me know if you have additional questions and please do not forget to rate my service to you positively (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. And don't forget that bonuses are always appreciated! Thank you.

Guillermo J. Senmartin, Esq. and other Immigration Law Specialists are ready to help you

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