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Immigration Issues/Can you start a company in the US on a tourist visa

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Question
Hello there,

I am traveling to the US on a tourist visa and I want to open a corporation while I am in the US and stay a while to get the company going and built up. Can this be done legally?

Thank you,
Bob

Answer
Hi,

Anyone in any status can open a company. However, you cannot be legally employed by the company. Employment is not limited to being on the payroll of the company, as it can include being actively involved in day-to-day management of the company. Employment by the company that you have opened is not possible unless you have employment authorization such as nonimmigrant employment visa status (H1B, L1, etc.) or employment authorization document (EAD) based on filing adjustment of status application through employer or family sponsorship, etc.  In other words, it is OK to be an investor but not to be employed by the company without specific employment authorization. The following link from our website is also helpful: http://h1b1.com/faq.htm#myself

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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