Hi all-
First off: thank you to all the active participants...you make it easy to understand what the options are technically, before one engages a lawyer.
The question I am asking is an old and oft asked question:
- Can one setup a company in the US and sponsor oneself for a TN or H1?
- And then can that visa be converted to a GC eventually?
The reason why I am re-asking this question is that there seem to be some people who have done this successfully...I would love to hear from these people.
The situation so far seems:
1. You can open a business in US no problem
2. You cannot work for it without proper authorization
3. You cannot get proper authorization if you or any relative owns more than 5% shares
4. In that case you would probably want a non-relative US citizen to start a business for you, BUT you have to have ultimate trust in this person as they will be incharge of the check books and accounts.
5. If you own less then 5% then you could get sponsored, (if you can show that the company can pay you the salary)..but you cannot do any managerial work (since you cannot qualify for H1 for that).
So in essence, you cannot control a company and get sponsored by it. If this company is being formed on your investment, then you have to take a huge leap of faith that the person who owns the company will not run away with the money (which they legally can)
Am I correct so far?
So is there anyone who knows a legal method of starting your own consulting company in the US (not that it matters atall, but I am a Canadian, so TN is easy to obtain)
Thanks in advance....
Sam
First off: thank you to all the active participants...you make it easy to understand what the options are technically, before one engages a lawyer.
The question I am asking is an old and oft asked question:
- Can one setup a company in the US and sponsor oneself for a TN or H1?
- And then can that visa be converted to a GC eventually?
The reason why I am re-asking this question is that there seem to be some people who have done this successfully...I would love to hear from these people.
The situation so far seems:
1. You can open a business in US no problem
2. You cannot work for it without proper authorization
3. You cannot get proper authorization if you or any relative owns more than 5% shares
4. In that case you would probably want a non-relative US citizen to start a business for you, BUT you have to have ultimate trust in this person as they will be incharge of the check books and accounts.
5. If you own less then 5% then you could get sponsored, (if you can show that the company can pay you the salary)..but you cannot do any managerial work (since you cannot qualify for H1 for that).
So in essence, you cannot control a company and get sponsored by it. If this company is being formed on your investment, then you have to take a huge leap of faith that the person who owns the company will not run away with the money (which they legally can)
Am I correct so far?
So is there anyone who knows a legal method of starting your own consulting company in the US (not that it matters atall, but I am a Canadian, so TN is easy to obtain)
Thanks in advance....
Sam