California Employment Law

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Hi Eli, I have searched online and your answers are amazing.

Im in the US with...
Hi Eli, I have searched online and your answers are amazing. Im in the US with an O1. Its been filled under, lets say "123 LLC". He has applied as employer and agent. I get paid through that LLC, and they are on my 3 year itinerary. Can I own that LLC? Right now my american friend owns the LLC but I manage it on an everyday basis. If the "123 LLC" is under my itinerary can I own it? I get paid via check every month. Thanks so much!
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Answered in 2 hours by:
9/2/2013
Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5,299
Experience: Extensive experience representing employees and management
Verified
Hello and welcome to JustAnswer.

Eli is not a California Employment Law expert, and your question has been categorized here, since it deals with you being paid through an LLC.

Would you like me to answer your question for you instead?

Ask Your Own California Employment Law Question
Customer reply replied 4 years ago

Of course! my first time using this so i got confused. let me know! Thanks

Great; no problem. That does happen from time to time due to the advertising on the site.

My name is XXXXX XXXXX my goal is to provide you with excellent service.

There is no restriction on who can own an LLC in the United States, so you can definitely own an LLC on an O-1 visa, regardless of whether or not the LLC is listed on your itinerary.

While there are special considerations a non-citizen or non-permanent resident should take into account, the process of starting and owning (or changing ownership of) an LLC does not differ based on citizenship status.

See this article for more information:

http://smallbusiness.chron.com/american-citizen-own-llc-60049.html


I hope the above information is helpful.

Please let me know if you have any follow up or clarifying questions as I want to ensure that you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get paid for my work. (If I don’t receive a positive rating, I get nothing for assisting you, as I only receive payment for questions with positive ratings. Even if you made a deposit, it is still necessary to rate me positively for me to receive payment from your question).

Thanks and best of luck!




Ask Your Own California Employment Law Question
Customer reply replied 4 years ago

Well, I honestly expected a "deeper" answer, don't get me wrong, I do appreciate the time, but need to know if the move can be done. In many forums lawyers say an O1 Visa can't own an Llc thats listed on their itinerary, so thats why Im asking again and seeking for a "deeper knowledge" on the fact.


Im asking this as I might get an investor in the company.

I'm not quite sure what you mean by a deeper answer, as there are no restrictions on who can own an LLC, so there certainly wouldn't be a special one for LLCs listed on itineraries. But since the question is more immigration than employment based, I will opt out and send a request for it to be moved to that category for you.
Ask Your Own California Employment Law Question
Were you referencing this, as hearing lawyers in other forums mention this:

http://www.justanswer.com/law/77tek-0-1-visa-states-following-your-visa-allows.html

If so, you need to read till the end where it states this:

You may be self-employed in O-1 status AND have an ownership interest in any employer that is included on your O-1 itinerary.

I'm guessing that your other legal adviser confused "self-employment" with "self-petitioning". It's true that you cannot self-petition. In your O-1 filings, you did not self-petition- XXXXX is your "petitioner/agent" of an itinerary-based petition that includes XXXX. It is absolutely OK to work for your own company and/or be self-employed in O-1 status- as long as it is included in your O-1 filing.

These types of O-1s are complex to file and are not common. However, the regulations specifically provide for self-employment if filed with an agent that includes an itinerary involving your self-employment. I'm happy to explain this to your other attorney, if you like. Here's the relevant regulation, FYI:

8CFR214.2 (o)(2)(iv)

(E) Agents as petitioners . A United States agent may file a petition in cases involving workers who are traditionally self-employed or workers who use agents to arrange short-term employment on their behalf with numerous employers, and in cases where a foreign employer authorizes the agent to act in its behalf. A United States Agent may be: The actual employer of the beneficiary, the representative of both the employer and the beneficiary; or, a person or entity authorized by the employer to act for, or in place of, the employ er as its agent.
Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5,299
Experience: Extensive experience representing employees and management
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Category: California Employment Law
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