Can an H-1B holder open an LLC in the US and employ their spouse on H-4 EAD?

Question details

Can an H-1 VISA (Resident tax alien without a green card) Holder set up an LLC in the USA? If yes, can his spouse on H-4 VISA with EAD work in that LLC?

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FAQ Transcript

The problem with H-1Bs is that you cannot be working for any other company including your own. The  smart thing would be to let your wife start her own business. She can manage, run and own the business. You could be a passive owner without any active participation. 

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

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