H1b can i start a business

The worker must also possess a Bachelor's degree or higher that is relevant to the position they want to obtain. A Labor Condition Application is required for an employee who is going through the process to obtain an H1B. The form basically states that a relationship must exist. For a relationship to be established, the employer must prove the right to control the employee. Conditions that must be met include:.

If you want to start your own business you must remain employed and working for your H1B sponsor. This ensures your visa status remains unchanged and intact. There is nothing to prevent you from starting a business in any area as an investor, even if you are the sole shareholder. This is similar to buying stock in any US company where you would not be involved in operational elements, and restricted to normal shareholder participation such as meetings and voting.

Since you are prevented from working within your own business, you will need to hire someone to handle the operational and administrative functions. If you are still working with your H1B visa sponsor, this is necessary anyway since you would not have the time to do both effectively.

Of course, you are entitled to ownership rights of business proceeds, dividends or gains in business value. This will be difficult as the American government does not allow self-employed sole proprietorships to qualify under this category. However, if you own a business with other people, you can try to apply for an H1B visa by applying for a management role in the firm.

The application will have to make it look like the role offering to you by the rest of the investors. However, there is no guarantee that the government will consider such an arrangement. The applicant will have to prove their working relationship with the other investors and meet all the other H1B visa requirements.

Since the visa is in high demand, the government has placed stringent rules regarding its issuing and registration. While it might seem exciting to found a startup on an H1B visa, it requires careful research and planning. All rights reserved. Copyright Registration Shield Your Trademark.