Based on your question and clarification, I have laid out the
following strategy for obtaining the correct permits for the scenario
you have described.
Before continuing, however, I wanted to ensure that you are aware of
the Google Answers Terms of Service. The information below is not
intended to be a substitute for professional advice (legal in this
The following resource provides a comprehensive description of
permit-related matters. Specific to you situation is the B1/B2 Visa -
this page also contains information about the visa waiver scheme:
From this page, we can determine that the visa waiver scheme is the
"For those who come under the visa-waiver scheme, details of which are
provided below, there is usually no need to apply for a visit visa at
all if the candidate wishes to visit the US for three months or less."
However, by coming in under this scheme, you husband would be
restricted from doing any of the following:
"The following activities require a working visa, and may not be
carried out by business visitors:
Running a business.
Payment by an organization within the US.
Participating as a professional in entertainment or sporting events."
Considering that you would like to use your New Hampshire LLC to
collect revenue, and then pay dividends to your husband from there,
the third point could pose a problem. It essentially states that he
cannot, for example, take a cheque from a client and deposit it
directly into the LLC bank account.
I can think of a couple of ways to address this problem. For each, you
may consider speaking to a lawyer to obtain a full understanding of
the implications relevant to your personal situation:
1. Receive revenue in a way where he is not involved while in the US.
One example would be to use an accountant or bookeeper to perform this
service for your LLC.
2. Delay the receipt of revenue until after he has returned to the UK.
3. If you are with him, you can handle any payments you receive for
the LLC while in the US.
So, if you can make one of the three options above work for you,
continuation of the visa waiver scheme is a valid approach for
resolving work permit status.
Now we need to consider tax implications and the potential for needing
an SSN. Since an SSN can only be issued for people who are permanent
residents, your husband would not be eligible as a business visitor.
However, if there were ever a situation where he would need to pay US
taxes, he could obtain a Taxpayer Identification Number (TIN) instead.
More information on the ITN is available from here:
This would only be necessary because of the fact that the LLC is
US-based. If it were UK-based, he would not even need to deal with the
IRS. He would simply pay dividend taxes in the UK. So you have some
choice as far as the country you are taxed in.
I hope this has clarified your situation - if you are unclear on any
of the information above, please post a clarification and I will try
to respond promptly.
Thank you for using Google Answers :)