Is a H4 visa holder allowed to setup a new company?

UPDATED: Apr 16, 2015

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Is a H4 visa holder allowed to setup a new company?

From your forums, I understand that he cannot derive any income, but can he setup with all the profits reinvested back into the company? Any legal implications or violations to setup the company?

Asked on April 16, 2015 under Immigration Law, New Jersey


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Yes, a company can be set up but no income can be derived from the company by someone in H-4 status.  Otherwise, there are no restrictions of implications for the company itself.  Profits can be reinvested into the company.  Eventually the company may be able to "hire" and sponsor the owner for the H-1B visa, if appropriate.

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