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.
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