In general, you may not run a business on the side while here in the U.S. in L-1 status. Your L-1 status allows you to work for your specific employer in the position listed in the L-1 paperwork. It does not allow you to work in any other capacity or for any other employer in the U.S.

If you obtained an EAD based on your 485 filing, you may use that EAD to work for additional employers or start your own business on the side. However, if you use your EAD, you will no longer be maintaining your lawful nonimmigrant L-1 status. In general, it is usually a good idea to maintain your nonimmigrant status until you complete your green card process.

If/when your green card is approved, you may run a business on the side while still fulfilling your main full-time employment that was sponsored for you in your green card paperwork. In general, you cannot obtain the green card and leave that employer right away to pursue other interests. The green card process is generally the employer's intent to employ you full-time in the position offered and your intent to fill that position if/when the green card is approved. The green card process through PERM is employer specific.

There is no set time frame of how long you must stay with the sponsoring employer, but leaving soon after the green card is approved could call your intent into question. Some people say 6 months, others say 1 year, but there is no set period under the law.

Leaving quickly after the green card is approved to work at another company could be an issue if/when you move forward with naturalization. It could be a problem when you travel if CBP inquires about everything, but that may be less likely. The more common scenario is that the issue arises at the natz stage.

Immigration matters are very fact specific. You should review these issues with an immigration attorney through a consultation before starting any separate business.

Regards,

Andrew M. Wilson, Esq.

Serotte Reich Wilson, LLP

www.srwlawyers.com

awilson@srwlawyers.com