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Puffy

LLC I am Partner in - Hiring me as employee

By Puffy in Work Visas

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Puffy Newbie

Puffy   0

Posted
Filed: Timeline
Posted

Hi all,

At the beginning of 2011 my Partners and I have established an LLC in Delaware which develops an ecommerce platform.

We are 4 partners and only one of us is a US ciziten, the rest are Foreign. I am one of the Foreign partners.

Currently we are in the stage of development of the ecommerce website.

The management of the LLC is done on the web using virtual communication methods (Skype, emails etc), we do not have a physical official office (we do have a register agent address)

When the development of the website is finished the LLC would like to establish an office in the US. The LLC will need a person who is familiar with the website system to hire people and manage the LLC on a daily basis.

In order to do accomplish this the LLC would like to hire me as an employee in the US so i will be able to manage the LLC and get payed as an employee.

Since I am foreign and do not have any legal working rights to work in the US, if the LLC files a request for a working visa for me (H-1B maybe?) there might be a problem since i partially own the LLC.

Long story short, the LLC i partially own would like to employ me (ask for a working Visa for me).

The question is:

1.Considering the LLC is formed and existing.

2. I am one of the owners of the LLC.

3. I am Foreign

A. Is it legal for the LLC i partially own to hire me?

B. Can the LLC ask for a working visa for me? or maybe there are other solutions?

C. if yes then how is this done?

D. Is there any difficulty in the fact that the working visa request will be filled by one or all of the LLC partners (which of course include my signature)?

My Education: M.Sc Mechanical Engineer.

Thanks a lot in a advance!

Puffy

NigeriaorBust Grand Master

NigeriaorBust   4,087

Posted
Filed: Citizen (apr) Country: Nigeria
 Timeline
Posted

One of the requirements is that your degree and you job be related and web mastering isn't related to mechanical engineering. Also you have to prove that you have some unique talent that an USC can't fill. Having prior knowledge isn't good enough. I am sure they see self created companies try to petition all the time and I doubt they have a very high success rate.

This will not be over quickly. You will not enjoy this.

Boiler Grand Master

Boiler   45,663

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

As one of the partners is a USC then why not let that person do the hiring etc?

I really can not see a H1b flying, but Lawyers handle that sort of thing. Does the LLC have an immigration lawyer?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

CC90 Collaborator

CC90   90

Posted
Filed: Timeline
Posted (edited)

We don't know where you're from, but you may be best off with an E-2 visa once you establish physical presence. The E-2's are only good for treaty countries, though. I don't think an H-1B is applicable.

Edited by CC90
Puffy Newbie

Puffy   0

Posted
Filed: Timeline
  • Author
Posted

We do not have an immigration lawyer. The reason for me doing this job is that the USC partner handles other things.

As one of the partners is a USC then why not let that person do the hiring etc?

I really can not see a H1b flying, but Lawyers handle that sort of thing. Does the LLC have an immigration lawyer?

Boiler Grand Master

Boiler   45,663

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Sounds like you need to restructure, how did your business plan address this?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Harsh_77 Mentor

Harsh_77   718

Posted
Filed: IR-1/CR-1 Visa Country: India
 Timeline
Posted

When a partner in company applied for any kinda visa - specially for the smaller companies and companies who are in ecomm in general or web related.

It would be difficult, first question and reasonable CO is going to ask is why did this company formed, was it for the purpose of easy immigration?

Company has parteners and now partners are claiming company is sponsoring them for visa, in short one sponspring themself for visa..... does not go very easily with CO.

Brother Hesekiel Mentor

Brother Hesekiel   2,236

Posted
Filed: Other Timeline
Posted

Without wanting to get too deep into this, I doubt that either the H1B nor the E2 route will work for you. You don't have the qualification needed to be unique enough for the position, even if you custom-tailor it for you, and the E-2 would require that the LLC formed in the US is the child of a mother living abroad, simplified speaking.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

 
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