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#1574032 - 07/05/11 09:17 PM B1/B2 Visa and DBA
tmtz Offline
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We recently opened a checking account for a customer with a B1/B2 Visa/BCC marked "US Employment NOT Authorized." The customer opened the account with her brother who had a valid passport. The account is a DBA account (buying/selling scrap metal).
Both account owners are Mexican nationals. The primary (not eligible for employment) owns the business and conducts it in Mexico. Her brother (passport) handles the day to day operations locally.

Because of their foriegn status and the nature of the business, I will mark this as a High Risk account. Should I have any more concerns?

Looking for opinions. Thanks!

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#1574035 - 07/05/11 09:21 PM Re: B1/B2 Visa and DBA tmtz
Elwood P. Dowd Offline
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My opinion is that "high risk" classification is a real understatement.
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#1574046 - 07/05/11 09:41 PM Re: B1/B2 Visa and DBA tmtz
Kathleen O. Blanchard Offline

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Kathleen O. Blanchard
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Originally Posted By: tmtz
We recently opened a checking account for a customer with a B1/B2 Visa/BCC marked "US Employment NOT Authorized." The customer opened the account with her brother who had a valid passport. The account is a DBA account (buying/selling scrap metal).
Both account owners are Mexican nationals. The primary (not eligible for employment) owns the business and conducts it in Mexico. Her brother (passport) handles the day to day operations locally.

Because of their foriegn status and the nature of the business, I will mark this as a High Risk account. Should I have any more concerns?

Looking for opinions. Thanks!

Does you BSA program allow you to open what essentially is an international account for a foreign owned business?
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#1574134 - 07/06/11 01:22 PM Re: B1/B2 Visa and DBA Kathleen O. Blanchard
edAudit Offline
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edAudit
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Are you refering to a Sole Prop. account?

In NY Sole means one.

How do they plan to get the $'s out of the account for the buying part?
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#1574157 - 07/06/11 01:42 PM Re: B1/B2 Visa and DBA edAudit
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DBA infers that she is doing business in the U.S. A person with a B1/B2 visa cannot do anything that generates income or even "volunteer" in a position that would otherwise be a paid position while in the U.S.

I think it is a real stretch to say that she owns the company in Mexico but will not be carrying out any prohibited activities (i.e. work) in the U.S.

Her borther should be the only one listed on this account since he is the only one allowed to generate income for this business in the U.S. I would not allow her any direct access to the account: knowing that she is "working illegally" and helping her in the situation might cause you some problems.
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