If I’m on an H1 visa and my wife is on H4-EAD, can we start our own restaurant businessDBA/LLC?

UPDATED: Sep 9, 2016

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If I’m on an H1 visa and my wife is on H4-EAD, can we start our own restaurant businessDBA/LLC?

Asked on September 9, 2016 under Immigration Law, Minnesota

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can start a business but you cannot work or derive any income from that business as a H-1B holder.  Your wife who has a EAD can do so.  You can own it and operate it but cannot derive any income in your own right since your H-1B is tied only to your petitioning employer.


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