What to do if I’m currently on H1-B visa and working for an employer in the US but would like to start an e-commerce business?

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What to do if I’m currently on H1-B visa and working for an employer in the US but would like to start an e-commerce business?

This is 100% online business and i wont be needed any physical location to run this business. All the goods i sell online are in digital form. Being on H1-B visa, can I register an LLC? Can I open a merchant bank account to deal with my online sales transactions? How should I file the tax for the revenue generated; can I do it under miscellaneous earnings? And finally, can I withdraw the profits under the generated revenue?

Asked on September 22, 2013 under Immigration Law, Tennessee


Tricia Dwyer / Tricia Dwyer Esq & Associates PLLC

Answered 9 years ago | Contributor

Hello. You may form an LLC but you are not to earn income for work performed in the U.S. but for your income from your H1b employment income. Do contact a private attorney who will be happy to help you. Immigration and Visa law is federal law, so any knowledgeable licensed attorney may assist you. You may phone my law firm on Saturdays and Sundays, as well as weekdays. This website provides general information and general principles of law and does not provide private legal advice. Some attorneys are available seven days for emergency legal needs. Many attorneys will speak initially at no charge. Then, if legal work is performed, some attorneys will provide a reduced fee for financial hardship. Some attorneys may also assist you in limited scope manner to conserve legal costs. All the best.


Tricia Dwyer, Esq & Associates PLLC

Phone: 612-296-9666

365 Days of the Year until 8 p.m. daily

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Harun Kazmi / Kazmi and Sakata Attorneys at Law

Answered 10 years ago | Contributor

Hello. You can open an LLC, but cannot work there. Thus, you cannot earn money for work done in the US outside of your H1b employer. Thus, you can form a company, but really can't earn money through it.

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