4

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?
|improve this question
  • 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 at 16:59
  • I do participate in meetings and negotiate contracts occasionally. Is that considered work? @DJClayworth – Maximilian Feb 3 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 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 at 17:49

Your Answer

By clicking "Post Your Answer", you acknowledge that you have read our updated terms of service, privacy policy and cookie policy, and that your continued use of the website is subject to these policies.

Browse other questions tagged or ask your own question.