Off topic but does anyone have experience in starting something of their own in the US while on a H1 visa? Would love to get some insight into the experience/path taken.

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I have a LLC setup for some real estate investment. However while you are H1B you have to have an employer

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Can you have an LLC for your real estate investment while on H1B?

The EB-5 direct investment amount was increased to $1.8 Million...the $500K amount was fixed to the regional center program and has since gone up to $900K.

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On GC EAD can I open LLC as a sole proprietor?

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H1Bs for start up founders are very difficult as H1Bs require you to be an employee of a company and draw a W-2. You may be able to structure the company so that you are not the sole owner and report to another cofounder on paper. Even then all this would need to be disclosed. When you transition to a GC, a PERM would be off the table if you own even part of the company, so you would have to go for another GC type. Are you from a E-2 treaty country?

You also need to make sure that you are not an employee of the company and remain a passive investor until you are able to transfer your H1B to the new company. Until that point you should not draw a W-2. Once you fully join the company on a H1B, it is critical that you start to strategize for an EB1/EB2 filing by joining prominent organizations, giving presentations, judging the work of others, etc.

Believe many people on H1B do. Also to add to that, think that’s the end goal for many internationals, considering 1) Better access to credit, 2) Toughened up character due to a competitive US job (American Capitalism), 3) Greener pastures linked to the American dream of individualism and financial freedom and 4) To get rid of the shackles of your existence in this country only tied to your job while on H1B.

I’ve seen numerous H1Bs start off in the real estate business (I.E. House flipping) and then expand into commercial estate (such as owing franchisees ... Dunkins’, McDs etc) and then gradually accumulate enough wealth by the time you get to your GC to start off on their dream projects.

Can you legally do that under H1B?

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Isn’t there a rule of some sort if you invest $500K, you can get to GC immediately?

That’s been increased to $900k for investments and $1.8m for business. That too not sure if you get it immediately. Think the procedures takes about a year. Even after that you get a provisional GC for two years, after which you get a proper GC.

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so if you have investors on your behalf investing in your start up, wouldn’t that count?

No to qualify for the EB-5, the investors would need to personally lend you the money so that you could make the investment

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