As a H1B worker, can I work for a end client company owned by my spouse (H4 EAD)?

[Saiprasad.k]

I am a software developer and consultant on an H1B visa, employed by ABC, an IT consulting firm with annual revenue of 20 million dollars.

My spouse, who is on an H4 EAD, owns 99% stock in thriving IT consulting company, PQR, with annual revenue of 3-4 million dollars. PQR is a Delaware LLC. I do not have any association or ownership in PQR.

ABC, my employer, and PQR, my spouse's company, are planning to enter into a contractual agreement. Under this agreement, I will work as a software consultant for PQR in an external contractor capacity to work on a large scale software product. My involvement with PQR will be limited to task and projects related to my speciality occupation. My spouse at PQR would not be my reporting supervisor/manager, as there is a dedicated technology manager at PQR who will oversee my work.

ABC will bill PQR on an hourly basis for my services, and ABC will continue to handle my payroll. ABC will retain control over my work, including my tasks, salary, and employment conditions.

Will this arrangement cause any issues with my H1B visa? Especially during H1B visa stamping in consulate ?

 

[megnani]

As an H-1B worker, your primary work authorization is tied to the specific employer who sponsored your H-1B visa. However, your spouse, if they have an H-4 EAD (Employment Authorization Document), is authorized to work for any employer in the U.S., including a company they own.

Yes, you can work for an end client company owned by your spouse, but there are a few important considerations:

1. **H-1B Employment Restrictions:** Your primary employment must remain with your H-1B sponsoring employer. If you want to work for another employer, including your spouse's company, you would need to ensure that the new employment does not conflict with the terms of your H-1B visa and potentially file an amendment or a concurrent H-1B petition if necessary.

2. **Conflict of Interest:** Ensure that working for your spouse’s company does not create a conflict of interest with your H-1B employer, as this could lead to complications.

3. **Compliance with Immigration Regulations:** It’s crucial to remain compliant with all immigration regulations. Consulting with an immigration attorney can provide guidance specific to your situation and help ensure that all employment activities are legal and properly documented.

4. **Documentation and Evidence:** Maintain clear documentation of your employment with both your H-1B employer and any work you do for your spouse's company, in case of any future inquiries or audits by USCIS.

While it is possible to work for your spouse’s company under certain conditions, it is essential to navigate the legal and regulatory requirements carefully to ensure compliance with your H-1B visa status.