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  1. #1

    Default H1B LLC owner

    Suppose that LLC's owner is a foreign individual and is applying for H1B while his/her company sponsors him/her. Once he gets H1B, does he need to become an employee (i.e., does he need to pay tax as an employee) or he can pay tax through LLC (sole proprietor/partnership) like US citizens and permanent residents do? ... or does LLC need to pay tax as a corporation AND needs to hire H1B as an employee in this case?

  2. #2
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    Default E-2 Visa

    Depending upon where the person is coming from and the nature of the business, the better approach would be to seek E-2, treaty investor visa status.

  3. #3

    Default Re: E-2 Visa

    Quote Quoting Mr. Knowitall
    Depending upon where the person is coming from and the nature of the business, the better approach would be to seek E-2, treaty investor visa status.
    But it costs a lot of money, doesn't it?

  4. #4
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    Default

    It's just that I find it unlikely that the USCIS is going to buy a sleight of hand where a foreign national sets up a new corporation or LLC then applies to sponsor himself as its only employee for H1-B immigration.

  5. #5

    Default

    Quote Quoting Mr. Knowitall
    It's just that I find it unlikely that the USCIS is going to buy a sleight of hand where a foreign national sets up a new corporation or LLC then applies to sponsor himself as its only employee for H1-B immigration.
    So is something like the following false marketing?

    http://www.thedelawarecompany.com/_nonamerican#visa

  6. #6
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    Default

    They describe the minimum requirements to apply for an H1-B visa, but never promise that you'll get one. In fact, they state "The Delaware Company is not a law firm, does not provide legal advice, and makes no warranties as to the issuance of a US H1B Visa."

    If you form a legitimate company and within the space of the year it has a bona fide business operation and employees, your odds go up. If you sit on a shell company for a year, expect both the Department of Labor and USCIS to question the validity of the application.

  7. #7

    Default

    Quote Quoting Mr. Knowitall
    If you form a legitimate company and within the space of the year it has a bona fide business operation and employees, your odds go up. If you sit on a shell company for a year, expect both the Department of Labor and USCIS to question the validity of the application.
    So it's really a question of credibility then? Not exactly a question of technicality?

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