Бизнес и виза J111.07.2012 Вы нам писали
- Могу ли я вести предпринимательскую деятельность с визой J-1?
- Этот вопрос, Александр, лучше было задать адвокату. Какой информацией располагаем мы. Надо полагать, что английским вы владеете.
CAN I SPONSOR MYSELF FOR THE H-1B VISA CATEGORY?
You must be sponsored by a «U.S. employer.» What if you are the employer in the form of a company that you establish? USCIS regulations define employer as «a per-son or entity...who engages the services or labor of an employee to be performed in the United States for wages or other remuneration.»
Since the H-1B petition must be approved prior to commencing employment, and it is difficult, although not impossible, for a «paper» company with zero employees and no income to be considered an employer capable of sponsoring an H-1B beneficiary, the dilemma to overcome is establishing a company with enough viability to be ap-proved by the USCIS without technically being employed in the interim. One way to remain within the law is to establish a company with the help of other investors. The most conservative position is to be only a «passive investor» as opposed to exercising substantial decision-making power in the company. An individual cannot be accused of being employed without authorization if he or she is only a passive investor in the company that will sponsor him or her for the H-1B visa. To summarize, an individual cannot be «employed» in H-1B status until his or her employer petitions for and re-ceives H-1B approval.
Ниже мы приводим комментарий с одного из интернет-форумов, авторы которого ответили на вопрос человека, который задал вопрос аналогичный ва-шему вопросу.
Ok No problem indian, as far as i know, even people on H1 cannot start the com-pany, i am currently on H1, a while ago, me and my another friend who was on J1 at that time wanted to start a company, we did lot of research on that and even contacted 3 immigration lawyers, he told us only way we can start company is that we just become share holder but CANNOT BE ON PAYROLL, i repeat cannot be on PAYROLL, and you can still receive payment from there as a dividend on your in-vestment. anyway we did not start the company, so that is something you can think of if you want, contact immigration lawyer, they will be able to clarify your situation.