Girlfriend Coming to Live in the U.S. and Moving Her Company Here

[biker87]

I have a bit of a complex situation (to me at least) and was wondering if anyone could share any information please. I am starting medical residency in the US next year and will be on a J-1 Visa (I am a Canadian citizen). My girlfriend (also a Canadian citizen) is moving down with me. She started a graphic design company in Canada with one other partner, and she would like to expand the company in the US and work with American clients (her partner is staying in Canada, which is considered the primary "residency" of the company [most of the clients come from Canada] and where the company is already incorporated). Are there any Visas that allow for this kind of situation for her? We are not looking to establish permanent residency or citizenship in the US and will be moving back to Canada after I finish my residency, which should be in about 5 years time. We both have established residences in Canada.

A few scenarios I've thought about and questions I have:

Would she be able to work on an H1B visa and be "employed" by her employer in Canada while working with American clients?

Would she be able to get a B1 visa and sign contracts with clients to work with them, but refer them to her partner in Canada, so as not to violate the "gainful employment" policy of the B1 visa?

If she doesn't want to incorporate in the US, are there any ways for her to work with American clients?

If the company expansion scenario doesn't work out, her plan B is to find a graphic design job in the US. What visa options would be possible for her in this scenario?

Thank you.

[Dogmatique]

Start reading

http://travel.state.gov/visa/temp/types/types_1275.html

[T53147]

This is not a complex situation for you. It is your GIRLFRIEND's problem. Let her take are of it.

She should consult with a US immigration attorney, corporate attorney and CPA. After all, this is a business and she should expect to pay for professional advice.