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Q: Holding an L1-A USA visa is it allowed to open a partnership business ( Answered,   0 Comments )
Subject: Holding an L1-A USA visa is it allowed to open a partnership business
Category: Relationships and Society > Law
Asked by: ruti_200-ga
List Price: $20.00
Posted: 01 Nov 2006 01:57 PST
Expires: 01 Dec 2006 01:57 PST
Question ID: 779059
I'm Holding an L1A visa. Is it allowed to open a partnership business with
your wife (L2 +EAD Card)?
I don't work in this partnership but rather invested in it with her.
She is the only worker but we share the profits.
We already did it and now I'm afraid we did something wrong.
1. Was it legal?
2. If not, what is the way out of it? We are really worry.
Subject: Re: Holding an L1-A USA visa is it allowed to open a partnership business
Answered By: keystroke-ga on 15 Nov 2006 10:28 PST
Hello ruti_200,

Thank you for your question.

I have good news for you.  Your business ownership is legal and you
have nothing to worry about with the INS.

This part of immigration law can be a bit tricky.  Technically, you
are allowed to  open a business while in the US, but you can't work in
it.  This basically amounts to a person not being able to open a
business by themselves.  You could own the business and hire your wife
to work in it, however, as an L2, and since that is exactly what you
do, you are doing it properly and you are not violating the terms of
your visa.
"U.S. L1 visa + own company"

"Anybody can open a business in the USA, but in order to actually work for
that business, you need the appropriate work authorization (which is
impossible to get with an L-1. Your L-2 spouse may be able to do it,

As an L-1, you would have to hire somebody to actually run the business
for you."

"Canadian in the USA"

"there are no restrictions for foreigners to establish a business in the US,
but establishing and owning a business does not by itself allow you to work in
your business in US."

"Own business whilst on L1 visa"

"Anyone can own a business in the USA.

BUT when you live in the USA as a non-resident alien (i.e. on a work
visa) in general you cannot perform work for it, since you must have a
work  visa to a) manage the company, and b) work for the company.
Depending on the company, you may get a visa to do b) but unlikely to
get one to do a) ... and in any case, neither would be compatible with
an L1 visa (you cannot have be in the USA in two different status at the
same time)."

Since your wife has an L2 visa, she can work on the business full-time
if she chooses to do so with work authorisation.

Search terms:
(Google Groups)
l1 visa start business
l1 visa own business

l2 visa

I really hope this makes you feel better about the situation and
assuages your worries.  If you need any additional clarification, let
me know and I'll be happy to assist you.

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