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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 116759
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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Is it legal for a person on B2 to set up an LLC?

Customer Question

I am on a B2 and trying to get an LLC in Illinois. I wanted to know if it’s legal to. I have a SSN that was issued last year when I was on a J1 visa. But I don’t know if its valid.
Submitted: 11 months ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 11 months ago.
You do not have to be a resident alien to obtain a LLC in the US. Anyone can obtain a LLC in the US, but you would need to have a local address in the state where you are forming and you need an agent for service of process who will accept any mail for you. Other than that, as a B2 visa holder you can form an LLC in IL. The SSN you were issued remains valid and is registered to you still. You will need to file an LLC tax return taxing it like a corporation OR if you want to leave it taxed like a partnership, as a non-resident alien you would have to file a non-resident alien tax return every year to claim profits and losses on the LLC.
Customer: replied 11 months ago.
with no limitation ?
Expert:  Law Educator, Esq. replied 11 months ago.
With no limitations. You should be fine.
Customer: replied 11 months ago.
But I've seen online that I can get a LLC but I can't work for it or I can't hire myself and such stuff.
And some said that I can't have a business
Expert:  Law Educator, Esq. replied 11 months ago.
You can own an LLC, but you cannot actually work for the LLC without a work visa. You can own it and can hire others and direct others to work and you can even do work for the LLC from your home country, just not work for it in the US.