Can a non US citizen start and own 100% of a newly formed LLC and have a US citizen/green card holder run that business?

An individual who has a H1B visa is permitted to own a percentage of an LLC, but it’s true that there is a lot of confusion when it comes to the level of involvement you can have. And, it is likely that starting the business will be heavily scrutinized to ensure that it follows proper policy. 

Most of the uncertainty about “proper policy” is because the USCIS has been a little vague and inconsistent about the rules. To help clear some of that up, the USCIS sent out this memorandum with a few follow-up clarifications.

Essentially, a key area that the content focuses on is maintaining an employee-employer relationship during the term of the visa. Remember, the intent of your visa is to be employed in the US by the company that petitioned on your behalf. While you can start and own your business, you should maintain a role as a passive shareholder or investor.

Of course, for many people, these items only pose more questions and need require a bit more explanation. LawTrades is an excellent option if you would like to explore more legal help. Our company provides quality, affordable legal services. I invite you to check out our website and get in touch if you would like a consultation about your case.