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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 11813
Experience:  Write FOR JAMES to get my help!
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Im a J-1 Visa holder, recently graduated and currently in my

Customer Question

Hi Pearl,
JA: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?
Customer: Im a J-1 Visa holder, recently graduated and currently in my Post Academic Training phase. I have been approved to work and have been working part time at a filmmaking company for the last 6 months. However, the filmmaking bussiness runs mostly on Freelance employees and I've gotten a lot of offers from different companies to work on specific projects (for short periods of time). Am I able to open up an LLC for me to be able to do freelance work as well?
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: No, thats it
Submitted: 8 months ago.
Category: Immigration Law
Expert:  Expert James replied 8 months ago.

Hello! Thank you for using Just Answer. I am James, and I will be assisting you. As we work through your questions, think about this as a back and forth conversation. Once you've received the information you need, you can thank me by issuing me a positive rating of 3, 4, or 5 stars. This is the only way I get credit for doing my job, so please do not forget this before leaving the site.

Please give me some time to review your question. It might take a little while, but I WILL be back to continue this conversation and give you an answer. Asking me if I am still here or checking in only serves to delay the response. So your patience is very much appreciated.

Expert:  Expert James replied 8 months ago.

What do you mean by "post academic phase"?

Customer: replied 8 months ago.
Post Academic Training
Customer: replied 8 months ago.
Are you familiar with the term? Its part of the J-1 Visa
Expert:  Expert James replied 8 months ago.

Ah, this was an academic program, not a training program. My apologies.

Are you subject to 212E?

Also, I have to step away from the system for about an hour and a half. I will be back to continue to assist you. Your patience is very much appreciated.

Customer: replied 8 months ago.
I was granted a J-1 Visa to complete an MFA in Filmmaking. Yes, I am subject to 212E.I might be leaving work and away from the computer by the time you come back. How can I re access our conversation later on?
Expert:  Expert James replied 8 months ago.

OK, thank you very much for your patience and the additional information. Kindly remember that I do not get a salary here. Your positive rating is the only way I am rewarded for doing my job. So please do not forget to give me 3 or more stars, or any smiling faces, before leaving the site today. Thank you!

ANSWER: Unfortunately, J-1 post-academic training positions must be employment positions with an employer. Freelance employment is not permitted.

I hope I have answered your questions. Please help me get credit for doing my job, by giving me a positive rating of 4 or 5 stars or any of the smiling faces. You can still ask more questions, even after you’ve given a rating.

I aim to give you excellent service, even if the outcome is not what you wanted. So I am happy to answer any related follow-up questions you might have, at no additional charge.

And if you want to talk on the phone for 30 minutes, I can send you an offer for that.

A BONUS is also appreciated if you feel I've earned it.

And if you have questions in the future, write FOR JAMES in the question and I will be your personal Expert in this category.

Thank you!

Customer: replied 8 months ago.
Before you dismiss me, lets go back to the LLC concept which is what my question was based on. If I were part of an LLC as a partnership with an American Partner, would I be able to work through that LLC using our EIN rather than me as an individua using SSN. Our LLC offering production support to other companies.
Expert:  Expert James replied 8 months ago.

You can start an LLC, but you cannot be involved with the LLC on a day to day basis unless you are an employee of the LLC, managed and supervised by someone else, and subject to hiring and firing. In other words, you can set it up and hire people, but you cannot manage or work for that LLC and/or earn an income (other than to earn a return on your investment) unless you are an employee of that LLC. You will require the same authorization to work there as an employee that you would have at any other employer (i.e., a social security number).

Kindly remember that I do not get a salary here. Your positive rating is the only way I am rewarded for doing my job. So please do not forget to give me 3 or more stars, or any smiling faces, before leaving the site today. Thank you!

Customer: replied 8 months ago.
Thank you, ***** ***** clarifying. So in the case that I were to ask for work authorization for the LLC, am I amble to hire myself in an LLC in which I am one of of the owning members?
Expert:  Expert James replied 8 months ago.

No, you cannot hire yourself. Otherwise, everyone would do that to get around regulations and laws.

As I mentioned previously, you are subject to hiring and firing by management, just like any other employee. you can start the company, but you cannot be on the board of directors or any of the management team that hires and fires employees, such as yourself.

Kindly remember that I do not get a salary here. Your positive rating is the only way I am rewarded for doing my job. So please do not forget to give me 3 or more stars, or any smiling faces, before leaving the site today. Thank you!

Customer: replied 8 months ago.
if Imy partner would be the one in charge of hiring, he could hire me even if I am an owning member?
Expert:  Expert James replied 8 months ago.

Again, if you are asked, you will have to be able to show that you that you are supervised and that you are in no position that can be construed as in charge of your own hiring and firing. You are an employee. Period.

Think about what it is like when you are looking for work somewhere and you are subject to a supervisor who has the authority to hire and fire you. You do not have the authority to keep yourself employed. You cannot hire and fire yourself.

In this case, you can invest in the company to start it, but you cannot be a director or on the board of directors. You are can be an owner, but you cannot make management decisions. Keep it simple. You know what it means to be an employee. You know what is means to be subject to hiring and firing. That is the relationship that must be created.

If your goal is to own the company and make management decisions and earn an income as an owner, then I suggest you consider applying for an E2 investor visa and start your own business. That is, of course, if you are from a Treaty Company.

I hope I have answered your questions. Please help me get credit for doing my job, by giving me a positive rating of 4 or 5 stars or any of the smiling faces. You can still ask more questions, even after you’ve given a rating.

I aim to give you excellent service, even if the outcome is not what you wanted. So I am happy to answer any related follow-up questions you might have, at no additional charge.

And if you want to talk on the phone for 30 minutes, I can send you an offer for that.

A BONUS is also appreciated if you feel I've earned it.

And if you have questions in the future, write FOR JAMES in the question and I will be your personal Expert in this category.

Thank you!

Expert:  Expert James replied 8 months ago.

Hi, I’m just checking in to see how things are going.

I see you have reviewed my answer. Do you need more help or need me to explain anything else? Please respond so that I know what to do next.

Thank you.

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