> COMPANY sponsors H1B for A and hires A as co-founder.
You cannot be hired as a cofounder you need to be hired as an employee.
You cannot be hired as a cofounder you need to be hired as an employee.
1. Shareholder (anyone in the world, except few countries with sanctions)
2. On board of directors (varies from case to case)
3. Employee (requires immigration status)
Does that count as an employee?
If one is a software developer at present in current petition can such person transfer his H1B to a role of CTO?
Are there any challenges in this?
E.g. You can have 100% equity, be sole shareholder, pay money to a manager/employee to conduct work/business. You can even derive a dividend from the said business. however you cannot "engage in business" which means that you cannot write code whose IP gets assigned to the company. You also cannot have day-to-day management responsibilities. If I remember correctly planning a business and/or attending meetings of board of directors is allowed.
At end of the day shareholding pattern trumps everything else.
Then nobody can fire A. Hence 49%.
Can A have 100% ownership and incorporate a COMPANY and then assign BOD to COMPANY Where BOD have control over A but no ownership in company?
In this config can A just hire a employee D and pay him minimum wage according to DOL.
https://www.dol.gov/whd/minwage/america.htm
Would this setup work?