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Canadian Start Up A Business In Us

Talk about immigration laws here

Canadian Start Up A Business In Us

Postby Enrico » Fri Nov 18, 2016 5:29 am

Hi Ajay,

Thanks for your prompt reply. By studied your answer, I am not sure if I made myself clear on the question.

I plan to invest and open a car repair shop. I am the owner of the company. I will hire my brother as one of the employees of my company. Will the answers will be different?

Thanks,

Justin

------------------------- Followup To - Hi Ajay,

I am a Canadian and my brother is a US Citizen living in the States. He is currently a mechanic and he would like to open a car repair shop with me. I will handle the front business while he is looking after the back. I do not have any related experience in operation the business; but I believe my brother wants me to help him out.I have two kids and my wife has a legal status in Canada(not citizen).

My questions are:

1. Is it feasible?

2. Do I need to apply any visa before I fly down to the States?

3. Can my kids and my wife be able to join me to live in the States?

Thanks in advance for your expert advice.

Justin
Enrico
 
Posts: 54
Joined: Sat Feb 01, 2014 9:09 am

Canadian Start Up A Business In Us

Postby Motega » Sat Nov 19, 2016 5:07 am

Hi Justin,

If you will be involved in "actively managing"(day-to-day management) of the company, then my answer remains the same.

If you will be simply an investor, and not involved with day-to-day management, then you do not need a work permit. On the other hand, you still cannot legally remain in the U.S. beyond the six months that you are entitled to enter the U.S. without a visa.

Regards,

Ajay K. Arora, Esq.

www.H1B1.com
Motega
 
Posts: 40
Joined: Sat Feb 01, 2014 1:35 pm

Canadian Start Up A Business In Us

Postby Reese » Sun Nov 20, 2016 7:06 pm

- Hi Justin,

You can enter the U.S. without a visa for up to 6 months. However, your wife will need to apply for a visitor visa(B-2) at any of the U.S. Consulates in Canada to enter the U.S.

Although you can enter the U.S. without a visa, you cannot be legally employed in the U.S. Managing the day-to-day operations of the business is considered employment. A nonimmigrant work visa such as H-1B requires that you both possess a bachelor's degree and that the minimum requirement for the position be a bachelor's degree(doubtful that a car repair shop will require the manager to possess a bachelor's degree, however).

You can be sponsored by the company that is opened for "permanent labor certification" which leads to a green card, and this will cover your family also. This permanent labor certification procedure does not allow employment in the meantime; only when the case is approved(and subsequent steps such as petition for immigrant worker approved by the U.S. Citizenship and Immigration Services) are approved would you be given permission to work while the green card is in the process of being issued.

Information about permanent labor certification is here: http://www.ows.doleta.gov/foreign/perm.asp

Regards,

Ajay K. Arora, Esq.

www.h1b1.com
Reese
 
Posts: 39
Joined: Tue Jan 07, 2014 10:05 am

Canadian Start Up A Business In Us

Postby Aiston » Fri Nov 25, 2016 10:27 pm

Hi Ajay,

Thanks for your prompt reply. By studied your answer, I am not sure if I made myself clear on the question.

I plan to invest and open a car repair shop. I am the owner of the company. I will hire my brother as one of the employees of my company. Will the answers will be different?

Thanks,

Justin

------------------------- Followup To - Hi Ajay,

I am a Canadian and my brother is a US Citizen living in the States. He is currently a mechanic and he would like to open a car repair shop with me. I will handle the front business while he is looking after the back. I do not have any related experience in operation the business; but I believe my brother wants me to help him out.I have two kids and my wife has a legal status in Canada(not citizen).

My questions are:

1. Is it feasible?

2. Do I need to apply any visa before I fly down to the States?

3. Can my kids and my wife be able to join me to live in the States?

Thanks in advance for your expert advice.

Justin
Aiston
 
Posts: 42
Joined: Tue Jan 07, 2014 12:36 am


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