• October 2018
    M T W T F S S
    « Sep    
    1234567
    891011121314
    15161718192021
    22232425262728
    293031  

Can a H1B holder co-found a startup? If so, what is the approach for LLC and Operating Agreement formation?

On the most basic level, as others have pointed out, an H-1B holder can be a co-founder of a startup. (not S-Corps though!)

Something that hasn’t been mentioned is a relatively recent change to the U.S. immigration laws which makes it possible for a co-founder of a startup to be eligible for an H-1B visa if their employment is solely up to the company. This is a change from the historical requirement of inactivity by the foreign co-founder. Because the board of directors can directly control or influence the employment of the co-founder, then he or she may be eligible for an H-1B visa if they meet the other criteria. Direct control / influence means that the board can hire, fire, supervise, pay, and more.

The process of making a foreign co-founder an employee is complex and the knowledge and insight offered by an attorney is invaluable. I work at a startup with a mission to make lawyers more affordable, accessible, and transparent. We can connect you with an experienced immigration lawyer on-demand at LawTrades. Feel free to reach out directly if you have any further questions.

Legal is hard. Let’s tackle it together.

Speak to one of our Legal Pros and discover how we can help.

Let's Talk

Comment

There is no comment on this post. Be the first one.

Leave a comment

[if lte IE 8]
[if lte IE 8]
[if lte IE 8]
[if lte IE 8]
[if lte IE 8]
[if lte IE 8]
[if lte IE 8]
[if lte IE 8]
[if lte IE 8]
[if lte IE 8]
[if lte IE 8]
[if lte IE 8]