Starting business on Business Visa

[sablokjatin]

Hi, I have a brother in India, who has done Hotel Management and MBA in HR. He wants to start his own establishment here in USA, since this country has proved a fortune for all new comers.

He has got a B1/B2 visa stamped on his passport.

I do understand that he could come and start or invest in any venture here in USA but could only work from the business oriented perspective but couldn't continously work for it for anything longer than 6 months.

But my question is,

1). if he's interested in staying and start working on it so how could this be done since US is inviting all new business start ups?

2). Could the company he registers here as a foreigner, sponser his H1 B to work for it

3).Could he apply for Green Card straight away and start working for it

4). Could he fall into EB-5 category but investment won't be $500000 and moreover I would be investing in his venture.

So any inputs would be highly appreciated.

Thanks

[JoeF]

First off, on a B1 visa he can not work for a US business at all.

Second, the company's CEO (not him) can not be ordered to file an H1 for him.

Third, for an H1, the job has to require a college degree. Running a company does not require a college degree, as, e.g., Bill Gates of Microsoft, Larry Ellison of Oracle, and Steve Jobs of Apple demonstrated (neither one of these gentlemen has ever finished college.)

Fourth, a GC takes several years.

Fifth, for an EB5, the investment would have to be $1M ($500K is only for investment in certain rural areas), and it has to be his money, or, if it is loaned, it has to be secured by his assets.

[t75]

Contact an attorney and CPA experienced in these types of ventures. US is inviting startups only if they bring money and hire Americans

[Attorney_25]

It is important to consult a qualified immigration attorney to discuss these complex issues. The answer to your questions would fill a book.