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.
alt.visa.us
"U.S. L1 visa + own company"
http://groups.google.com/group/alt.visa.us/browse_frm/thread/59b98524724472b7/117f0d83656afd7f?lnk=st&q=l1+visa+own+business&rnum=1&hl=en#117f0d83656afd7f
"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,
though).
As an L-1, you would have to hire somebody to actually run the business
for you."
misc.immigration.usa
"Canadian in the USA"
http://groups.google.com/group/misc.immigration.usa/browse_frm/thread/62577cf25038667b/f9101913208acb8d?lnk=st&q=l1+visa+start+business&rnum=6&hl=en#f9101913208acb8d
"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."
misc.immigration.usa
"Own business whilst on L1 visa"
http://groups.google.com/group/misc.immigration.usa/browse_frm/thread/11304c9279f6f96d/892888a137b5a2b7?lnk=st&q=l1+visa+own+business&rnum=2&hl=en#892888a137b5a2b7
"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
(Google)
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.
--keystroke-ga |
