A recent video posted by a Texas-based reporter and political commentator on her YouTube channel has once again put the spotlight on the H-1B visas and the recent allegations about visa misuse in the United States.
The video, titled, “H-1B Busted Running a Food Truck,” shows YouTuber Sara Gonzales visiting a food truck in Dallas by the name of “Golconda Express” that operates in the Dallas-Fort Worth area.
She informs them that they got a tip in their email about a man on H-1B running a food truck company under his wife’s name. The YouTuber decided to investigate the matter and visited the food truck. In the video, she can be seen confronting Naveen Tummala, whom she informs is employed elsewhere, and asks him if he owns the business. When the man replies that his wife owns it. He is asked where his wife was. On being informed that the wife was not at home, he was further questioned why he was taking orders if he was there to help with technical stuff as he claimed.
She also informs her viewers that they had scoped the place and found Tummala working day in and day out constantly, which she says you are not supposed to do if you are on an H-1B visa for a completely different company.
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In the video, Gonzales said that Tummala’s H-1B visa was sponsored by Flexera Global Inc.
She further claimed that the details emerged through legal proceedings, saying, “In a legal deposition. [We] have him on the record admitting to being here on an H-1B visa.” Referring to Tummala, she added that he runs the Golconda Express food truck with multiple locations across the DFW area, while also being frequently seen working there. “We also have people in the area who have scoped this place out. They have recorded him day in and day out, constantly working here around the clock, which again, you’re not supposed to do if you’re here on an H-1B visa for a completely different company,” she said in the video.
She also pointed to his social media presence, noting, “He also, interestingly enough, is online on Instagram claiming that he’s the master chef and making videos of himself being completely involved in the company.”
She further alleged that official records appear to back this up, stating that he has filled out permit paperwork listing himself as the business owner of the food truck.
In another exchange, he was questioned about the status of his workers, particularly whether some were on student visas and how many hours they were working. He pushed back on the line of questioning, responding, “Who told you that they are on student visas or anything? What does it matter? What does it matter?” When pressed to confirm or deny, he said, “You don’t have any right to ask me about that.” The conversation grew more heated, with both sides trading accusations. “You should apologize to me for scamming our system,” one voice said, to which he replied, “I didn’t scam your system.”
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The altercation as seen in the video about the legalities around the H-1B visa and if the visa holder is allowed to have his name in the business owned by his spouse on an H-4 visa is only the latest in the series of recent episodes of many work-visa holders, especially from India, being scrutinized for their adherence to the visa rules. Unfortunately, in the past, many instances of visa scams and misuse have created an uncomfortable atmosphere where sometimes even those abiding by the laws have had to bear the brunt.
And while it must be stated that up until now there is no official confirmation that any violation has occurred. The video opens up questions, both on the permissibility of a spouse operating a family business and on the vulnerability of many small businesses that may feel the heat due to the recent incident. But the bigger question remains—what does the law say about the matter?
So, can an H-1B visa holder with a spouse on an H-4 EAD start an LLC for business? Abhinav Tripathi, immigration attorney and founder of San Jose-based Protego Law Group, told The American Bazaar, “An H-1B beneficiary may generally own a business in the United States without violating status, including a small business such as a food truck.”
He further explains, “The legal issue is not ownership, and it is not simply whether the person is drawing pay but whether the H-1B worker is actively performing services for that business outside the scope of the approved H-1B employment.”
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And perhaps this is where visa holders need to be extremely cautious on if they are abiding by the rules. Immigration case manager Malavika Nandivelugu at the Law Offices of Kevin J. Stewart says, “While America thrives on the ease of doing business, there are certain adherence areas. For instance, while an H-1B holder can be an owner in his spouse’s business, he should not be involved in the day-to-day operational part of the business or be a face of the business. For instance, let’s say if it’s a dosa joint, he cannot be manning the kitchen or flipping the dosas. What he can do is be part of business development or attend high-level meetings.”
But what happens in a case where he is not paid for the services provided? Can an employer-employee relationship still be established in such a case? Tripathi says, “H-1B authorization is employer specific, so hands-on operational work for a separately owned business can raise unauthorized employment concerns even if unpaid.”
Nandivelugu also points out some other instances in the recent past where the question arose on whether a home address can qualify as a workplace. She says, “The LCA allows the home address to be the workplace location. One must remember that companies like Apple, Amazon, Google, Microsoft, and Disney all began in home settings long before they became global names.”
Experts point out that it is important that visa beneficiaries understand the critical differences. As Tripathi says, “In contrast to H-1B, an H-4 spouse with a valid EAD may lawfully work for or operate a business. But the work authorization is personal to the spouse and does not cover the H-1B holder.”
(Staff Writer Shubhangi Chowdhury contributed to this story.)