Can i start company on ead

Running your business includes:. There are many serious consequences of working in the USA without the appropriate work authorization.

These consequences include:. For these reasons, if you are planning to work in the US, it is very important to make sure that you are doing so with work authorization. There are three different ways to get work authorization to the USA. We will discuss these ways below.

To enter the United States as a foreign national, you typically need a visa. If you have any questions about whether your status qualifies for work authorization, please contact me directly at Michael AshooriLaw.

As I mentioned earlier, you are permitted to set-up a company in the US without work authorization. Without work authorization, you are not permitted to actively engage in running the business. So, one way to own a business in the USA without work authorization it to partner with someone authorized to work in the United States. If you do not wish to partner with someone, another option to consider is to hire a manager who is authorized to work in the USA , and delegate all operational responsibilities to the manager.

After going through the above two options, you may be thinking to yourself that these restrictions would be too limiting. In the next section we will discuss 2 visa categories that would actually allow you to start a business in the US and work for that business. The E2 visa is a non-immigrant visa that allows investors and entrepreneur to live in the US and operate a US business.

Other than the E2 visa, another option to consider is the EB-5 visa. The EB-5 visa is an immigrant visa for investors and entrepreneurs. If you want to start a business in the US, there are two things you should be aware of:. Working in the US without work authorization can have very serious consequences including deportation.

So if you plan to work in the US, make sure to do so with the appropriate work authorization. If you are interested in starting a business in the USA without working for the business, there are two options you may want to consider:. If you want to start a business in the USA and work for the business, the following two visas are great options to consider:. If you would like to discuss these options in more detail, feel free to email me directly at Michael AshooriLaw.

Ashoori Law is a full-service immigration law firm focused on helping investors and entrepreneurs get visas to the United States. Got a question? Send me an email. Overview : 1. Introduction to work authorization: What is considered work? What are the consequences of unauthorized employment? How to get work authorization 2.

Conclusion 1. Although the immigration regulations are not as specific as we would like them to be, two things are clear: 1.

You can set-up a company in the USA without work authorization. This means you can: Set-up the business: form the corporation, LLC, etc. Open the bank account for the business Etc. Running your business includes: Actively managing your business Being employed by your business Providing services for your business Working for your business Etc… What are the Consequences of Unauthorized Employment?

These consequences include: You can be found to be in violation of your visa status Your visa can be voided You can be subject to removal proceedings deportation You can be barred from re-entry to the US depending on the situation For these reasons, if you are planning to work in the US, it is very important to make sure that you are doing so with work authorization. In order to get work authorization, you will have to fall within one of these classifications.

Keep in mind: Visitors are generally not permitted to work in the United States. Start a business and partner with someone authorized to work in the US As I mentioned earlier, you are permitted to set-up a company in the US without work authorization. Keep in mind, that setting up a business is very limited to certain tasks such as: Setting up the company corporation, LLC, etc. Opening a business bank account Without work authorization, you are not permitted to actively engage in running the business.

Your role in the business would be very limited and would resemble that of a passive investor. You can receive profits from the business but you cannot receive a salary. A salary would indicate that you are receiving compensation based on providing services, which is not permitted.

Start a business and delegate all operations to a manager If you do not wish to partner with someone, another option to consider is to hire a manager who is authorized to work in the USA , and delegate all operational responsibilities to the manager.

In this scenario, your role in the business would be very limited as well and would resemble that of a passive investor. After setting-up the business and hiring a manager, you should have no involvement in the operations or the management of the business. Your manager should interview and hire staff as needed, and perform all other operations and managerial functions. Benefits of the E2 visa: Allows you, your spouse, and your unmarried children under 21 years old to live in the US.

With an E2 visa, you have work authorization to work for your business. Obviously a GC holder won't be deported for such issues and he will be allowed to deal with those. You obviously have no idea what it takes to run a company.

That's already more than a normal full-time job. Ok I am not sure if people are here to divert the topics than answering questions Question is simple. Ofcourse an EAD holder can't do S-corp and will need to continue working for existing employer and stuff like that.

What else is different for EAD holder? My attitude is simple, answer to straight question and not ask me unrelated questions like how I am going to run a company and stuff.

As I said running a company while doing a job is my problem, leave it to me and don't expect me to put my strategy in this forum. So answer my question if you can, otherwise keep away. Hey JoeF, how is answering your question about how I am going to do a job while running a company is related to answering my question? If you don't know something, that doesn't mean no one else knows it.

And more over that doesn't mean you can call others with attitude if they don't care to answer your unrelated question. It would show us that you actaully had done your homework. As it now stands, you have shown us that you didn't.

So how long should one work for the existing employer being on EAD to run a company? Until is approved? You haven't done your homework. Your "business" is bound to fail. If you want to find out the hard way, go ahead Running a business is very hard work. It takes all your waking time. You would know that if you actually had done your homework. Hey JoeF, if you can't answer my questions, doesn't mean that you can start cursing me.

I found out some leads and sharing with you. Understand that and vanish from here, if you can't answer my questions. I came across a friend who has been on EAD for last 4 years and he even renewed it recently. He started a company being on EAD and he has been making profits too.

He works in a project and gets paid through his present employer. And the same team he managed to sign 3 more in his own company and hired 10 people to work on it. It is my decision to descide to whether to tell you all this or not.

So If I haven't told you before, you started cursing me. So you know what is ur attitude, better keep away. So, you "came across a friend" Quite a friend, if you didn't even bother to contact him and ask him until after you posted here My wife is on H1 too expiring on mar with only 53 days extension left out of total 6 years.

So, max she can work till May. Her employer is filing for 53 days extension on her H1 and wont file another H4 application with future effective date. My question is that once her H1 extension is file in normal mode, can i on my own file for her COS to H4 with May as an effective date along with the EAD application. We would like to continue be in USA and reduce the gap between her H1 6 yrs completion and approved EAD so that she can continue to work without much break.

Pls advise. Abhishek, Well, the processing time is critical for your situation, which you know is not in your control. Yes, you can file for h4 and h4 EAD with future date after your employer has filed. Hi Kumar, Appreciate you taking time to respond. Are you recommending that my spouse employer doesnt file H1 extension and we keep those 53 days. But then she wont b able to work after mar. Or are u saying that let employer file the extension so that she can continue to work after mar but put the COS H4 effective date as Mar.

In this option, the 2 applications will conflict and can she still work on the basis of H1 extension filed. The reason I wanted to keep May as the effective date because she can anyway work till May with the extension filed and from May she will automatically be on H4 because I would have filed change of status.

Per my understanding, you can continue to stay in usa on H4 with the receipt. Khad, I am on h4 visa and i already have my ead and i wish to start my own business … Can you help me how to produced.. Do i have to register my self any where or can i just start my business? I have a business direct sales but currently not doing because visa has expired. Can I still sell my inventory on hand?

Chitka, Sheetal, Any transaction you do on your business is considered income and you doing it without having authorization is not suggested. Check with attorney, if you really have no option to explore the options.

I was told that since I have already paid for inventory , if I sell at cost then it is not considered income. Grocery store doesnt provided any offer letter, but they do give biweekly checks in terms of salary. My question is there any problem when she goes for visa stamping or filling DS? Are there salary slips given or just payment checks? They need to give W2, if paying taxes…Try to get as much documentation as you can from them so that the employment is captured in some format.

So, if Visa officer asks, then you can share the same. My wife is on H4-EAD. She was doing baby sitting for 2 kids. There is no registered company on her name. We have Visa extension due this July. On I they are asking about her employment and documents about that. My spouse has H4 stamping with company B. Can we do both concurrently? Thank you for your answer. Manasa, As she has already entered using your current company details at POE, there is no need to again file for H4.

He status is H4 and tied to your current company. Question: 1- Does she need to travel out of country for some period, if she wants to file a new H1B? I have an approved H4 EAD and my question is very simple and would appreciate if someone can answer that.

Can i start a side business as well as work for an employer simultaneously on H4 EAD? Can I get some clarification on the below? However, due to mandated personal reason she has to travel outside of US next week. Question I have is,. I looking job in united States. I have my I approved by Employer A and due to my project completion my employer is letting me find my own way or go back to India and come back once i get another project. My employment most probably ends during the LCA posting period.

I wanted to know If I am a green card holder or mid in a green card process , if any casualty happens to me in that case my wife would be consider as green card holder or us resident or not?