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Register and Run an LLC Company while Working with EAD?

Hi William:

I am working with EAD, and my I-485 application based on EB2-National Interest Waiver approval is pending. Is it possible for me to register and run an LLC company in partnership with another Green Card holder? I work on information technology, but the intended company will be in a different field. 


Generally, a person on an EAD may incorporate a company. However, if that new company acts as the new sponsoring employer for employment to obtain the Green Card, then it is a problem since there may be issues dealing with the financial ability to pay, or the employer not having been there at the time that the priority date was established. 

If it is purely for business reasons and nothing to do with your Green Card processing, then it should be fine generally. The only risk is that if you invest a lot of money, and for some reason your Green Card does not go through, then you would have lost your investment and equity by having to depart the United States.

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