Can a Canadian Citizen be one of the founders in a US based LLC?

Priya offers a great overview of what you should expect for your situation. I wanted to expand a bit more on what she means when she indicated that getting an H1-B would be a little harder to get.

It’s not a problem to found a US based company and live elsewhere, but the complexity comes later, as you mention, when the Canadian citizen needs to come to the US to conduct business. So some companies opt for the H1-B, but you have to be careful here. Basically a requirement for this visa is to establish an employee-employer relationship. Previously, this was impossible for a founder to prove, but recent changes allow for founders to come to the US on the H1-B visa. However, you’ll have to prove that the employment of the founder is at the mercy of the company. Your best bet is to establish a board of directors to oversee the founders of the company. That should suffice for this type of visa.

If you are interested to learn more about how visas work and the best solution for your situation, I invite you to check out our website LawTrades. We can connect you with a qualified immigration attorney that can offer some situation-specific insight about which visa option is right for you. Get in touch if you’d like a consultation.

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