If you’re an H1B visa holder in the US, you might be wondering whether you can start an online business, open a Shopify store, or even create an LLC. The good news is, yes, you can have a Shopify account! But there are some important rules and limitations you need to be aware of. Let’s break it all down in simple terms so you can navigate this process smoothly.
Who Are H-1B Visa Holders in the U.S.?
H-1B visa holders are foreign professionals working in the U.S. under a specialty occupation, typically in fields like IT, engineering, and finance. This visa is employer-sponsored, meaning holders can only work for their sponsoring company. Any additional income-generating activity, like running a business, has strict limitations. Wikipedia
Can H-1B Visa Holders Have a Shopify Account?
Yes, H-1B visa holders can create a Shopify account and set up a Shopify store in the USA. However, the challenge is how they operate the store while staying within legal work restrictions. Since the H-1B visa does not allow self-employment, direct involvement in running a business can lead to violations.
Key Challenges for H-1B Visa Holders:
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No Active Management: You cannot manage day-to-day operations of your Shopify store while on an H-1B visa.
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Ownership vs. Involvement: You can own a business, but you cannot work for it.
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Hiring a Manager: To comply with U.S. immigration laws, hiring a U.S.-based employee or manager to run the business is necessary.
How Can H-1B Holders Start a Shopify Store?
If you’re an H-1B visa holder and want to open a Shopify store, follow these steps carefully:
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Form an LLC or Corporation - While you can create an LLC on an H-1B, you cannot actively run the business. A corporation may be a better choice as it allows you to be a passive owner.
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Appoint a Manager - Since you cannot work for your own business, you need a U.S. citizen or green card holder to handle operations.
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Separate Business and Personal Income - Ensure business income does not go directly to you as an employee but stays within the business.
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Hire a Business Attorney - Consulting a legal expert ensures compliance with immigration laws while structuring your business.
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Register Your Business with Shopify - Set up your Shopify store under your LLC or corporation to maintain a proper legal structure.
What Are the New Rules for H-1B 2025 and 2026?
The U.S. government continuously updates H-1B regulations. Here are some key updates expected for 2025 and 2026:
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Increased H-1B Cap: The annual lottery system may see adjustments to allow more applications.
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Wage-Based Selection: Priority could be given to applicants with higher wages to ensure fair selection.
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Remote Work Adjustments: Flexibility in remote work policies might impact where H-1B holders can work from.
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Focus on Compliance: Greater emphasis on ensuring that H1B visa holders are not engaging in unauthorized work or business activities.
Tips for Running a Shopify Store on H1B Visa
If you are determined to start a Shopify store, here are some tips to stay compliant:
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Keep It Passive: Avoid actively managing the store. Use automation tools to handle orders and customer service.
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Focus on Dropshipping: This model requires less hands-on involvement, making it a better option for H1B visa holders.
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Stay Informed: Keep up with the latest H1B rules and regulations to ensure compliance.
Conclusion
H-1B visa holders can open a Shopify store in the USA, but they must do so carefully. By structuring the business legally and avoiding direct involvement, it’s possible to start an online business while staying compliant. If you are serious about e-commerce but worried about visa limitations, working with professionals is the best way forward.
Need expert help setting up your Shopify store? A Shopify agency like SANOMADS can handle everything for you while you focus on your career. Contact us today to get started!
FAQs
Can I do online business on an H-1B visa?
Yes, but only as a passive investor. You cannot actively manage or run the business yourself.
Can I create an LLC on an H-1B?
Yes, but you must appoint someone else to run the business as you cannot engage in day-to-day operations.
How many people use Shopify in the U.S.?
As of 2024, over 2 million businesses use Shopify, making it a great platform for e-commerce.
Can I sell shipping labels on my Shopify store?
Yes, Shopify allows you to sell shipping labels, but ensure your store operations comply with your visa restrictions.
