Can I create a LLC while holding a H-1B visa?

Hi there,

I am working as an employee for a company with a H-1B visa. My question is, could
I create a LLC to be able to do some work on the side? I would appreciate your
advice. Best regards,


Asked on January 19, 2017 under Immigration Law, California


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, as an employee in H-1B status you can only work for the petitioning employer and no one else.  So, while you can set up a LLC and have the LLC operate, you are not permitted to draw any income from that entity since you cannot work for it.

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