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-   -   UK business still running whilst on O-3 visa (https://britishexpats.com/forum/usa-57/uk-business-still-running-whilst-o-3-visa-769190/)

clarity1971 Aug 22nd 2012 10:56 pm

UK business still running whilst on O-3 visa
 
My husband may be taking up employment in California with company sponsoring him for an o-1 visa (with me on O-3)

I currently run my own business however in the UK and don't want to have to sell it. I know that I am not allowed any form of employment or income in the US but could I leave the business in capable hands in the UK and not take any form of income? Would this be permissible? Also I am guessing that dividends would not be allowed?

I understand that there will be tax implications to look at but right now I just need to look at the legal angle and work out what I can and cannot do.

Noorah101 Aug 22nd 2012 11:06 pm

Re: UK business still running whilst on O-3 visa
 

Originally Posted by clarity1971 (Post 10241336)
I currently run my own business however in the UK and don't want to have to sell it. I know that I am not allowed any form of employment or income in the US but could I leave the business in capable hands in the UK and not take any form of income? Would this be permissible? Also I am guessing that dividends would not be allowed?

Dividends are allowed, but you personally cannot perform any work for the business while you are physically inside the USA. So if you have people back in the UK doing the work, that's fine.

Rene

clarity1971 Aug 23rd 2012 12:22 pm

Re: UK business still running whilst on O-3 visa
 
Thanks for your reply Norah :)

So would I be restricted from even advising or communicating with my team back in the UK?

If anyone could point me in the direction of some official info, that would be great :)

ian-mstm Aug 23rd 2012 2:30 pm

Re: UK business still running whilst on O-3 visa
 

Originally Posted by clarity1971 (Post 10242383)
So would I be restricted from even advising or communicating with my team back in the UK?

If you're asking whether or not you'll get caught, the answer is: it would be highly unlikely. Is it forbidden? Probably not. Is it a grey area: Yes... but that, by itself, doesn't make it illegal.



If anyone could point me in the direction of some official info, that would be great :)
There is no official info in such matters. This allows the US government the widest possible latitude in exercising its powers!

Personally, I think you'll be fine!

Ian


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