H4 visa and being a Non-Exec Director
#1
Just Joined
Thread Starter
Joined: Apr 2014
Posts: 13
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.
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.
#2
American Expat
Joined: Jan 2004
Posts: 7,598
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.
#3
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: H4 visa and being a Non-Exec Director
Ian
#4
Re: H4 visa and being a Non-Exec Director
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."
#5
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
Rene
#6
Re: H4 visa and being a Non-Exec Director
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.
Last edited by Pulaski; Sep 8th 2014 at 1:37 am.
#7
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Joined: Apr 2014
Posts: 13
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?
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?
#8
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
Rene
Last edited by Noorah101; Sep 8th 2014 at 2:02 am.
#9
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?
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?
Given the subtleties of your question and the implications of the answers you would be best served by consulting an experienced immigration attorney.
#10
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?
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?
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).
#12
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Joined: Mar 2008
Location: Santa Cruz, CA
Posts: 4,913
Re: H4 visa and being a Non-Exec Director
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 ....
#14
Re: H4 visa and being a Non-Exec Director
Post #11, above.
I was wondering about that myself.
.... 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 ....
#15
American Expat
Joined: Jan 2004
Posts: 7,598
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 ....
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 ....
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.