Employed in own company??
May 6th 2002, 5:00 pm
#1
Guest
Posts: n/a
Employed in own company??
Can someone be employed on an H1-B in a company that he has created himself?
Thanks,
jd
Thanks,
jd
May 6th 2002, 10:00 pm
#2
Guest
Posts: n/a
Re: Employed in own company??
[email protected] (M. Jan) wrote in message
news:<[email protected]. com>...
> Can someone be employed on an H1-B in a company that he has created himself?
>
> Thanks,
>
> jd
Not sure if you can legally form your own company in the USA while on a
non-immigrant visa.
news:<[email protected]. com>...
> Can someone be employed on an H1-B in a company that he has created himself?
>
> Thanks,
>
> jd
Not sure if you can legally form your own company in the USA while on a
non-immigrant visa.
May 6th 2002, 11:01 pm
#3
Guest
Posts: n/a
Re: Employed in own company??
Rick Kreuzer wrote:
>
> [email protected] (M. Jan) wrote in message
> news:<[email protected]. com>...
> > Can someone be employed on an H1-B in a company that he has created himself?
> >
> > Thanks,
> >
> > jd
>
> Not sure if you can legally form your own company in the USA while on a
> non-immigrant visa.
You can form a company, but you can't work for it in any capacity except that you can
get a work permit for. For example, if you're an IT specialist, you'll not get
permission to manage the company! If you hire someone else to manage your company,
you'll have to prove to the INS that you are not taking part in its management.
Pretty hard to do.
So, the answer generally is no.
>
> [email protected] (M. Jan) wrote in message
> news:<[email protected]. com>...
> > Can someone be employed on an H1-B in a company that he has created himself?
> >
> > Thanks,
> >
> > jd
>
> Not sure if you can legally form your own company in the USA while on a
> non-immigrant visa.
You can form a company, but you can't work for it in any capacity except that you can
get a work permit for. For example, if you're an IT specialist, you'll not get
permission to manage the company! If you hire someone else to manage your company,
you'll have to prove to the INS that you are not taking part in its management.
Pretty hard to do.
So, the answer generally is no.
May 7th 2002, 12:00 am
#4
Guest
Posts: n/a
Re: Employed in own company??
While possible, it would be very difficult to do.
If you have established, or are planning to establsih a bsuiness in the U.S., perhaps
you should look at the possibility of an E-2 visa. Depending on your nationality and
investment, this may be a better option.
An E-2 is for an individual coming to the U.S. pursuant to a treaty of commerce and
navigation between the United States and a foreign country of which he/she is a
national solely to develop and direct the operations of an enterprise in which he has
invested, or of an enterprise in which he is actively in the process of investing, a
substantial amount of capital. Many of the requirements for an E-2 are the same as
the E-1, except that E-2's deal with investing rather than trade. As can be gleaned
from the definition, the critical aspect of any E-2 is the amount and type of
investment in the business.
Regards,
Andrew M. Wilson Serotte, Reich & Seipp, LLP [email protected]
[email protected] (M. Jan) wrote in message
news:<[email protected]. com>...
> Can someone be employed on an H1-B in a company that he has created himself?
>
> Thanks,
>
> jd
If you have established, or are planning to establsih a bsuiness in the U.S., perhaps
you should look at the possibility of an E-2 visa. Depending on your nationality and
investment, this may be a better option.
An E-2 is for an individual coming to the U.S. pursuant to a treaty of commerce and
navigation between the United States and a foreign country of which he/she is a
national solely to develop and direct the operations of an enterprise in which he has
invested, or of an enterprise in which he is actively in the process of investing, a
substantial amount of capital. Many of the requirements for an E-2 are the same as
the E-1, except that E-2's deal with investing rather than trade. As can be gleaned
from the definition, the critical aspect of any E-2 is the amount and type of
investment in the business.
Regards,
Andrew M. Wilson Serotte, Reich & Seipp, LLP [email protected]
[email protected] (M. Jan) wrote in message
news:<[email protected]. com>...
> Can someone be employed on an H1-B in a company that he has created himself?
>
> Thanks,
>
> jd
May 7th 2002, 2:00 am
#5
Guest
Posts: n/a
Re: Employed in own company??
Thanks for your very interesting reply.
But that does mean that:
- You can form a company
- You can hire people to work for the company
- You can get profit from the company Right???
Is there any resources where I can read more about this?
Thanks again!
jd
>
> You can form a company, but you can't work for it in any capacity except that you
> can get a work permit for. For example, if you're an IT specialist, you'll not get
> permission to manage the company! If you hire someone else to manage your company,
> you'll have to prove to the INS that you are not taking part in its management.
> Pretty hard to do.
>
> So, the answer generally is no.
But that does mean that:
- You can form a company
- You can hire people to work for the company
- You can get profit from the company Right???
Is there any resources where I can read more about this?
Thanks again!
jd
>
> You can form a company, but you can't work for it in any capacity except that you
> can get a work permit for. For example, if you're an IT specialist, you'll not get
> permission to manage the company! If you hire someone else to manage your company,
> you'll have to prove to the INS that you are not taking part in its management.
> Pretty hard to do.
>
> So, the answer generally is no.
May 7th 2002, 3:30 am
#6
Guest
Posts: n/a
Re: Employed in own company??
Hi-
> Thanks for your very interesting reply.
>
> But that does mean that:
> - You can form a company
> - You can hire people to work for the company
> - You can get profit from the company Right???
If you perform any type of executive functions for the company (i.e. sign contracts
of people you hire, etc.) then you are *working* for the company AND you should
either be outside the USA, or have a work permit.
As fas as earning profit, INS will be suspicious if it is your renumeration for work
for the company, or dividends. It may be hard to prove it is dividend unless it is a
big company. So it is really gray area. If you are sufficiently "detached" from the
company, then profits are not renumeration, otherwise you need a work permit.
Yavor
> Is there any resources where I can read more about this?
>
> Thanks again!
>
> jd
>
> >
> > You can form a company, but you can't work for it in any capacity except that you
> > can get a work permit for. For example, if you're an IT specialist, you'll not
> > get permission to manage the company! If you hire someone else to manage your
> > company, you'll have to prove to the INS that you are not taking part in its
> > management. Pretty hard to do.
> >
> > So, the answer generally is no.
> Thanks for your very interesting reply.
>
> But that does mean that:
> - You can form a company
> - You can hire people to work for the company
> - You can get profit from the company Right???
If you perform any type of executive functions for the company (i.e. sign contracts
of people you hire, etc.) then you are *working* for the company AND you should
either be outside the USA, or have a work permit.
As fas as earning profit, INS will be suspicious if it is your renumeration for work
for the company, or dividends. It may be hard to prove it is dividend unless it is a
big company. So it is really gray area. If you are sufficiently "detached" from the
company, then profits are not renumeration, otherwise you need a work permit.
Yavor
> Is there any resources where I can read more about this?
>
> Thanks again!
>
> jd
>
> >
> > You can form a company, but you can't work for it in any capacity except that you
> > can get a work permit for. For example, if you're an IT specialist, you'll not
> > get permission to manage the company! If you hire someone else to manage your
> > company, you'll have to prove to the INS that you are not taking part in its
> > management. Pretty hard to do.
> >
> > So, the answer generally is no.
May 7th 2002, 12:30 pm
#7
Guest
Posts: n/a
Re: Employed in own company??
[email protected] (M. Jan) wrote in message
news:<[email protected]. com>...
> Can someone be employed on an H1-B in a company that he has created himself?
Nope, unless the company is majority owned by someone else and you just have shares.
news:<[email protected]. com>...
> Can someone be employed on an H1-B in a company that he has created himself?
Nope, unless the company is majority owned by someone else and you just have shares.
May 7th 2002, 3:00 pm
#8
Guest
Posts: n/a
Re: Employed in own company??
On 7 May 2002, James Donovan wrote:
> [email protected] (M. Jan) wrote in message
> news:<[email protected]. com>...
> > Can someone be employed on an H1-B in a company that he has created himself?
>
> Nope, unless the company is majority owned by someone else and you just
> have shares.
>
Not quite true. It is possible, but INS tends to scrutinize such cases. Don't even
try this without a good lawyer.
> [email protected] (M. Jan) wrote in message
> news:<[email protected]. com>...
> > Can someone be employed on an H1-B in a company that he has created himself?
>
> Nope, unless the company is majority owned by someone else and you just
> have shares.
>
Not quite true. It is possible, but INS tends to scrutinize such cases. Don't even
try this without a good lawyer.
May 23rd 2002, 4:57 pm
#9
Just Joined
Joined: May 2002
Posts: 10
Re: Employed in own company??
Guys,
Writing to you from Sunny London!
Interesting concept about self employed H1B.
I was thinking about the same but with an L1 company and can see why the INS can make fuss! But, let's face it, if the company is capitalised high enough (say at $250k), would they mind? At $250k, it can pay its CEO/Only emplyee for five to six years even if it did not generate much profit!! And, this is foreign money coming in and effectively taxed on its distribution!!
If any body has any views, particularly any lawyers, I love to hear from them.
Regards,
Freddie
Writing to you from Sunny London!
Interesting concept about self employed H1B.
I was thinking about the same but with an L1 company and can see why the INS can make fuss! But, let's face it, if the company is capitalised high enough (say at $250k), would they mind? At $250k, it can pay its CEO/Only emplyee for five to six years even if it did not generate much profit!! And, this is foreign money coming in and effectively taxed on its distribution!!
If any body has any views, particularly any lawyers, I love to hear from them.
Regards,
Freddie
May 24th 2002, 5:20 am
#10
Guest
Posts: n/a
Re: Employed in own company??
Joachim Feise <[email protected]> wrote in message
news:<Pine.LNX.4.43L0.0205070653270.20274-100000@pv182069.reshsg.uci.edu>...
> On 7 May 2002, James Donovan wrote:
>
> > [email protected] (M. Jan) wrote in message
> > news:<[email protected]. com>...
> > > Can someone be employed on an H1-B in a company that he has created himself?
> >
> > Nope, unless the company is majority owned by someone else and you just have
> > shares.
> >
>
> Not quite true. It is possible, but INS tends to scrutinize such cases. Don't even
> try this without a good lawyer.
Question then, How does the INS view someone working in a company then getting shares
as compensation, say.... Stock options?
news:<Pine.LNX.4.43L0.0205070653270.20274-100000@pv182069.reshsg.uci.edu>...
> On 7 May 2002, James Donovan wrote:
>
> > [email protected] (M. Jan) wrote in message
> > news:<[email protected]. com>...
> > > Can someone be employed on an H1-B in a company that he has created himself?
> >
> > Nope, unless the company is majority owned by someone else and you just have
> > shares.
> >
>
> Not quite true. It is possible, but INS tends to scrutinize such cases. Don't even
> try this without a good lawyer.
Question then, How does the INS view someone working in a company then getting shares
as compensation, say.... Stock options?
May 24th 2002, 6:20 am
#11
Guest
Posts: n/a
Re: Employed in own company??
James Donovan wrote:
> Joachim Feise <[email protected]> wrote in message
> news:<Pine.LNX.4.43L0.0205070653270.20274-100000@pv182069.reshsg.uci.edu>...
>
>>On 7 May 2002, James Donovan wrote:
>>
>>
>>>[email protected] (M. Jan) wrote in message
>>>news:<[email protected] le.com>...
>>>
>>>>Can someone be employed on an H1-B in a company that he has created himself?
>>>
>>>Nope, unless the company is majority owned by someone else and you just have
>>>shares.
>>>
>>
>>Not quite true. It is possible, but INS tends to scrutinize such cases. Don't even
>>try this without a good lawyer.
>
>
> Question then, How does the INS view someone working in a company then getting
> shares as compensation, say.... Stock options?
That doesn't change you occupation, and that is what counts. Stock options and the
like are just investments, and that's perfectly ok. However, if you control the
company, INS wants to make sure that you don't work in a function (e.g., in
management when your H1 is for an engineering position) that your status doesn't
cover. Oh, and another thing: it is not possible to have your own company sponsor you
for a Greencard.
-Joe
> Joachim Feise <[email protected]> wrote in message
> news:<Pine.LNX.4.43L0.0205070653270.20274-100000@pv182069.reshsg.uci.edu>...
>
>>On 7 May 2002, James Donovan wrote:
>>
>>
>>>[email protected] (M. Jan) wrote in message
>>>news:<[email protected] le.com>...
>>>
>>>>Can someone be employed on an H1-B in a company that he has created himself?
>>>
>>>Nope, unless the company is majority owned by someone else and you just have
>>>shares.
>>>
>>
>>Not quite true. It is possible, but INS tends to scrutinize such cases. Don't even
>>try this without a good lawyer.
>
>
> Question then, How does the INS view someone working in a company then getting
> shares as compensation, say.... Stock options?
That doesn't change you occupation, and that is what counts. Stock options and the
like are just investments, and that's perfectly ok. However, if you control the
company, INS wants to make sure that you don't work in a function (e.g., in
management when your H1 is for an engineering position) that your status doesn't
cover. Oh, and another thing: it is not possible to have your own company sponsor you
for a Greencard.
-Joe
