Can one own/form a LLC on H1-B visa?

Question

I'm an immigrant, currently working on H1-B visa. Already have an investment property under my name. Looking to grow my portfolio, wondering if I can create a business entity under my name. If yes, what would the limitations be for me in operating the LLC as compared to a US citizen. Thanks for your responses.

Olia Fogel · Answer

Yes, you can create an entity in the US. Instead of getting an EIN, you'll need to get a TIN (taxpayer identification number) with the IRS (Form W-7) so you can do business in the US and be taxed accordingly.

You will also need to get a registered agent in the state where the entity is formed. There may also be certain tax consequences to consider when choosing the type of entity you want to form, for example, for Canadian citizens I often recommend setting up an LP rather than an LLC to minimise the tax liability on the Canadian side.

William Anderson · Answer

You need to obtain an EIN from IRS for your entity.  The last time I checked, that required a social security number to obtain the EIN.  There may be a way around that as I know of people here illegally who have been able to obtain EINs.  Perhaps they have someone use their SSN to obtain one.

You can open an LLC usually without an EIN but at some point, upon renewal, it may be required.  In Mississippi, you can open an LLC without an EIN but at the annual renewal, they need an EIN.  I recommend that you consult a good CPA or an attorney, I am betting there is a way for you to legally obtain an EIN if you are on a valid H1-B visa.