Can I am on an H1B visa and my wife is on an H4 visa, can either one of us open a business in US?

UPDATED: Apr 16, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Apr 16, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I am on an H1B visa and my wife is on an H4 visa, can either one of us open a business in US?

I am employed on H1B visa and my wife has H4 visa as my dependent. We want to star tan e-commerce business. Are we legally allowed to do that? If not, then can we open a company in our home country and run the online website here in United States. If no, then can we open a company in our home country and open a second company with one of our friends who is a US citizen and then may be 2 companies can collaborate? Als,o we are thinking that in the US company we can be the majority share holders. Is this a viable option?

Asked on April 16, 2012 under Immigration Law, Texas


SB, Member, California / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Either one of you or both can open the business but neither one of you is allowed to derive any income from that business since your status only permits you to work for your petitioning employer and your wife's does not permit her to work at all.  Depending on how well the business does, it can petition for you and/or for your wife, assuming it will be able to prove ability to pay and will hire you for a position eligible for a H-1B visa.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption