H4 visa and being a Non-Exec Director
 

We'e recently moved to the USA on my wife's H1-B visa and I have an H4.

Can I be a Director of a company in the USA as long as I am not paid?

Many thanks in advance for any info / real-life experience.

Re: H4 visa and being a Non-Exec Director
 

No. You can do passive investment only. AFAIK, being the Director of a company involves some sort of contribution of time and effort. That would exceed passive investment. Welcome to the wonderful world of H-4.

Re: H4 visa and being a Non-Exec Director
 

The issue isn't money... it's that you can't work at all. Yes - you can be the director of a company, but you can't do anything at all for the company as a result of that position. You can be passively involved only... but not actively involved.

Ian

Re: H4 visa and being a Non-Exec Director
 

But if it involved returning to the UK for board meetings, then he could do that, right?

Of course of our good friend Mr Folinsky shows up I am fairly certain he will mutter something like "a lawyer can't be so dogmatic", "no harm, no foul", and "furthermore deponent sayeth not." :nod:

Re: H4 visa and being a Non-Exec Director
 

My understanding was that the company is in the USA, but now I see the original post is ambiguous.

Rene

Re: H4 visa and being a Non-Exec Director
 

Oh, yes, I see, I think you're right! :o

In that case, on the presumption that a non-US director could attend board meetings on a B1 (meetings are an acceptable use of a B1), I am thinking that someone could be a non-executive director while in the US on an H4.

Re: H4 visa and being a Non-Exec Director
 

Many thanks to you all for your prompt replies on what we all realise is a complex issue but one also one that one needs to get right!

Based on my professional experience I had wanted to at least build a network of contacts and possibly help guide some US companies as to how to expand to the UK / Europe. This can only help tax revenues!

So the more accurate question is: can I accept any position / relationship with a US company even if I don't get paid?

Re: H4 visa and being a Non-Exec Director
 

No, you cannot. You can't offer to work for free, at a position where someone would normally be paid.

Rene

Re: H4 visa and being a Non-Exec Director
 

As advised previously, "work" is generally prohibited if it is the sort of work for which one would usually get paid. If you act as a consultant by visiting the UK or Europe to visit prospective clients, then that would be OK, but if your consulting work is performed in the US then that would likely be a problem.

Given the subtleties of your question and the implications of the answers you would be best served by consulting an experienced immigration attorney.

Re: H4 visa and being a Non-Exec Director
 

If you are in a position to do this, then
a) why do it for free, and
b) there is perhaps a different visa you could look into, unrelated to the wife's.(I have no idea-just a thought).

Re: H4 visa and being a Non-Exec Director
 

E-2 Export consulting business? :unsure:

Re: H4 visa and being a Non-Exec Director
 

Consultation with an experienced immigration attorney is definitely in order.

It seems to me that one is actually allowed to do less on an H4 than would be allowed to do if admitted to the U.S. "for business" either under the VWP or with a B visa. Which leaves one with the slightly ridiculous thought of an H4 visa holder having to leave the U.S., return immediately under the VWP, go to their board meeting, leave the U.S. again, and return immediately using their H4 visa ....

Re: H4 visa and being a Non-Exec Director
 

Many thanks for the reply - so what would those visa types be?

Re: H4 visa and being a Non-Exec Director
 

Post #11, above.

I was wondering about that myself. :unsure:

Re: H4 visa and being a Non-Exec Director
 

An H1B doesn't need to maintain a foreign residence as their place of general abode. A B visitor is required to do just that. So unless that residence is maintained, the H4 who departed would be removable (or refundable under VWP) if they then seek entry as a visitor because they don't fit with that nonimmigrant category.

I do agree that one should not assume that someone on an H4 can do B1 activities. Take honorarium payments for example. A B1 can earn money doing academic speeches. A B1 can do a medical clerkship. A B1 can drive a truckload of merchandise from Canada to the US or guide a tour. But the B is required to make a temporary entry to complete permissible business activities and then return to their home outside the US. I would say that an H4 is much more restrictive.