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So:

  • I am a German citizen with no US visa status
  • I am one of two members of an US LLC (the other member is US citizen)
  • I am getting paid in the form of member distributions in USD

My questions are:

  1. Can I legally enter the US for 90 days through the Visa-Waiver Program for business purposes while continuously being paid? (My activities would be limited to consulting with the other member and signing contracts.)
  2. If not, could I do 1. if payments stopped while I am in the US?
  3. Could I enter for touristic purposes for 90 days while continuously being paid if I suspend all my business activities?
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  • Are you being paid your "member distributions" because you are doing work for the LLC, or just because you own the LLC? – DJClayworth Feb 3 '19 at 16:59
  • I do participate in meetings and negotiate contracts occasionally. Is that considered work? @DJClayworth – Maximilian Feb 3 '19 at 17:14
  • Is doing that the reason you are paid? Would you still be paid if other people did those things for you? – DJClayworth Feb 3 '19 at 17:38
  • @DJClayworth Technically yes, I would still be paid if these tasks would be delegated to another person. The actual, legal reason for payments is the LLCs operating agreement and not my 'work'. – Maximilian Feb 3 '19 at 17:49

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