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My fiance is hoping to form a new business in the United States, but she is wondering if she can create a new business (example, LLC) while her green card is pending?

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  • Does she have an EAD?
    – phoog
    Apr 16, 2018 at 20:09
  • @phoog I believe she does. Does it matter with or without one? Apr 17, 2018 at 1:39
  • Does she want to be an employee of this business, or work for it in any way? If she doesn't have employment authorization, she can't do those. Apr 17, 2018 at 1:57
  • @Nate Eldredge She is going to own and run this business. Apr 17, 2018 at 1:58
  • @JeremyTrpka running the business is work, which requires an EAD. If she has an EAD as you suspect, she should be fine. If her green card application is refused, however, she'll need to leave the country and probably hire someone local to run her business.
    – phoog
    Apr 17, 2018 at 3:33

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"My understanding is that she can form the business whenever, but she can't actually work at it unless she's authorized to work. Some time after she applies for AoS, she'll receive that authorization in the form of an EAD." - phoog

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    Note that she would only receive an EAD if she applied for an EAD (which she can do, for free, as an AOS applicant, but she would still need to specifically apply for it)
    – user102008
    Apr 25, 2018 at 16:35

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