The practice areas of McQueen Gadberry LLC are ideal for the needs of foreign entrepreneurs.  Our international legal services and corporate law practices are appealing to many foreign nationals who may also require immigration law consulting.  Foreign entrepreneurs have a particularly unique set of immigration law and corporate law needs.  In addition to questions arising about setting up the business, there are also questions about their status in the United States:

• Does owning a business affect my status?
• Can I sponsor myself if I own a business?
• Can I be an investor in a business?
  

McQueen Gadberry LLC is committed to helping people from around the world fulfill their dream of working in the United States.  Immigration can be a long and costly process.  When a foreign entrepreneur or foreign investor is battlling U.S. Immigration Law it can also be extremely complicated, unforgiving, and costly.  Starting a business and being a foreign national is especially troublesome since noncompliance in immigration can create a regretful outcome for the foreign national who may have created a great business and had plans to stay in the U.S. legally.  Conversely, immigration usually directly impacts how the business is set up.  For these reasons, it is extremely important that an experienced attorney in both corporate law and immigration law is sought in these situations.  Many are turning to McQueen Gadberry LLC law firm for an experienced corporate lawyer and immigration attorney to get expert and comprehensive legal services that are available at a larger law firm, without the larger price tag.

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JALESIA F. MCQUEEN GADBERRY PROFILED AS A SAINT LOUIS CHARACTER BY THE SAINT LOUIS BUSINESS JOURNAL,
APRIL 2010

Selected Facts:

Foreign Entrepreneurs, Nonimmigrants, Company Ownership and Labor Certification (PDF Download)

If an alien has a nonimmigrant visa and wants to obtain ownership in a company, as a general rule, the alien must make sure he/she is simply a “silent investor” and NOT an active participant in the company.  In other words, the nonimmigrant should not have any part in the running of the business or decision making authority at any level as an owner.  This should be delineated in detail in the Operating Agreement (for LLCs) or Bylaws (for Corporations).  Aliens should be particularly concerned with how the documents reflect their role in the company, because if they are seen as active participants, they will be violating immigration law.  If the documents poorly reflect this, then they can be seen as being “self-employed” and thus engaging in unauthorized employment.  If the purpose of company ownership is simply investing and receiving dividends, etc. as part of their investment, then, as a general rule, the alien may not be violating any rules of his/her visa.  Of course, aliens who are thinking of investing in a small business should definitely seek out legal counsel to ensure they are protected. 

Smaller companies have fallen under increased scrutiny in the past several years by immigration officials, especially if the alien has some company ownership (even as a silent investor) and that same company is attempting to file labor certification for the alien.  Self-employment is found when there is no genuine bonafide job offer.  Immigration uses several factors to determine whether an alien is self-employed and can be the basis of denial of a labor certification, such as whether the alien

1. Can control or influence hiring decisions
2. Is a relative of anyone in the company
3. Was an incorporator/founder
4. Has an ownership interest (any amount)
5. Is involved in management
6. Is on the board of directors
7. Is part of a small number of people employed
8. Has qualifications for the job that are identical to the specialized requirements on the labor certification
9. Is so inseparable from the sponsoring company because of his/her personal attributes that the company would cease to exist without him/her. 

*Note that the totality of the circumstances, and no one factor, is taken into account
Aliens should be aware of the subjectivity in the immigration system.  Therefore, personal results may vary from application to application.  Aliens considering investing in a company, starting a company or being hired by a company, should seek out legal counsel.  Being above board and working within the parameters of the immigration system is the best way to obtain lasting legal status in the United States.

Point of contact for this fact sheet is attorney Jalesia F. McQueen Gadberry of McQueen Gadberry LLC.  Jalesia is an experienced immigration and corporate attorney.  Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it   Phone: 314-258-3112

PLEASE NOTE: This is meant to be a general information of the immigration system. This compilation is not meant to be all-inclusive of the subject matter and does not constitute professional legal advice.  This compilation does not form any type of attorney-client relationship if received by recipient from McQueen Gadberry LLC or any of its attorneys.  If legal advice is sought in connection with a particular matter, be sure to ask us for an appointment and we will be happy to determine whether an attorney-client relationship is mutually beneficial and necessary.  After you sign our engagement letter, we will have the opportunity to consider the law, the facts and all of the factors relevant to the particular matter.

immigration law, green card, investor visa, EB5, business immigration, EB-5, E visa