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Starting a business on H1B Status!Guidence Needed

by gopz, Performer

  • Created: March 7, 2009, 5:01 pm
  • Updated: December 20, 2012, 10:49 am
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8 comments

Hi

1.I am a health professional who is on H1B  status working for a health care company.I am planning to start a Health Care company  of my own in a few months.Please let me know if I am eligible to start a business in USA being on H1B Status.Also let me know what are the other legal issues with the business that is invested by a H1B Visa holder.

2.Also,I have an idea to join partners to my Business.Can you please tell me if someone living in other country(who has no physical presence in USA ever before) be a partner?And,if the answer is 'yes',please let me know how should I get it started?

Kindly reply my query.

Tags: Discuss Popular Topics, Starting & Registering a Business
‹ Creating business outside US start up cost ›

Comments have been locked for this thread.

smgandhi | Window Shopper | 12/18/2012 - 4:16 pm

I have a question with respect to previous question?
Can I partnership a business with US Citizen if I am on H-1B?
Thanks

JGabriel | Community Moderator | 12/20/2012 - 10:49 am

Show Replied Text…
I have a question with respect to previous question? Can I partnership a business with US Citizen if I am on H-1B? Thanks
Here's more information about the H-1B program from the U.S. Department of Labor. Try getting in touch with a local Small Business Development Center or SCORE, two of SBA's resource partners. They're located across the country and provide free business counseling and answers. Visit our local assistance guide to find your local SBA resource partners by entering your zip code.

NicoleD | Former Moderator | 3/9/2009 - 4:38 pm

Gopz, As I understand it, your H1B status allows you to work exclusively for your employer. If you were to start your own business, you most likely would not be able to work for that business, and doing so may violate the terms of your H1B status. Depending on your situation, you may be able to act as a silent investor, but this is a very delicate topic, and one that I would recommend consulting with a lawyer. The FTC offers a guide that can help you find legal representation. Message Edited by NicoleD on 03-09-2009 04:39 PM

NicoleD | Former Moderator | 3/12/2009 - 10:45 am

Under the Immigration and Nationality Act, 10,000 immigrant visas per year are available to qualified individuals seeking permanent resident status on the basis of their engagement in a new commercial enterprise. The Department of Homeland Security's US Citizenship and Immigration Services has an excellent breakdown of guidelines and eligibility, including options for immigrant investors, conditional residents, and becoming a permanent resident based on investment.

gopz | Performer | 3/11/2009 - 9:02 pm

Hi Nicole I got a question.How about a person on Green Card Status?Can he/she start a business on their own?What are the issues that they will be facing?

gopz | Performer | 3/11/2009 - 8:47 pm

Hi Nicole Thanks for your reply regarding starting a business on H1B status.I completely agree that I would not be able to work for the company that will be started by me.As you said,I want to be a silent investor and share only the profits.In fact, I want to appoint a Manager to my company who will be an American citizen and do all the duties assigned to him/her.This way I dont have to perform any duties.As you suggested I will consult a lawyer to have an indepth idea into this matter. Thanks a lot

JamieD | Former Moderator | 3/12/2009 - 10:35 am

Hi Gopz, Once issued a 'green card', you are granted official immigration status, also known as lawful permanent residency, in the United States. As a permanent resident you share most of same rights as a US Citizen. With this comes the freedom to work in any legal form of their qualification and choosing. Check out the US Citizenship and Immigration Services website regarding 'green cards' for more information on how to obtain them as well as the rights and responsibilities that accompany its status. Hope this was helpful. Please continue to utilize business.gov's community to learn from and share experiences with others!

shamblesh | Performer | 11/23/2009 - 12:42 am

Hi Gopz,   I noticed that no one has addressed your second question, so I though I would try and help here.   The first thing you need to know is that the federal government of the United States does not have specific statutory law governing the establishment of partnerships. Instead, the states each have their own statutory and common law governance of partnerships.   So before you jump into setting up a partnership (which is what you mentioned) you will need to review the laws for your state.   I would also make sure it is the right thing for your businessas the consequences are differing. I read this recently http://papers.ssrn.com/sol3/papers.cfm?abstract_id=293860 and found it helpful.   Hope that helps.   Cya!
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