How to Get a Work Visa and Start a Business in the USA

A question I get asked frequently is can I start a business in the USA if I am a foreign national? The answer is yes. You do not have to be a US citizen to form a business entity in the US.
In fact, you can start a business in the USA from anywhere in the world such as incorporating a C-corporation or organizing an LLC.
Therefore, you can form a US business from inside or outside the U.S.
However, although you can always own a business in the US, you may not necessarily be eligible to legally work for that business in the US, unless you have “work authorization.”
Confusing, right?
For example, anyone in the US can own stock on the NASDAQ exchange, and you can earn passive income from such investments, and you would not need a visa or green card to do so. This is considered a passive investment by USCIS.
You can also own shares in a C-corporation, or membership interests in an LLC, and if you owned or part-owned the business, and had a passive role, and did not actively participate in the operation of the business, but had a manager managing the daily operations, you may also do this without engaging in unauthorized work (i.e. your an owner investor, not actively working). Then this too may be viewed by USCIS as a passive investment.
However, with active investments, where you are engaged in the daily operations of the business and you live and work in the US, then you must have work authorization through an eligible visa or green card.
So if you are considering owning and operating a business in the US, then you will need a valid visa or green card authorizing such work, or risk possibly losing immigration benefits in the future.
Here are the 5 most common options for U.S. Work Visas:
B-1 Business Visitor: useful to setup new business or negotiate contracts in US or develop or expand an existing business (up to 6 months and can be extended for an additional 6 months);
H-1B Temporary Worker Visa: requires a bachelor’s degree in a specialized field. Company sponsors entrepreneur. (up to 3 years and can be extended for an additional 3 years);
L-1A Intracompany Transferee Manager/Executive Visa or L-1B Specialized Knowledge Worker: start a new office in US or transfer to existing office.
E-1 Treaty Trader Visa: must show substantial trade between US and treaty country.
E-2 Treaty Investor Visa: must show a substantial investment in a US business and be from a treaty country.
Here's a bonus option:
O-1 Extraordinary Ability Visa: company sponsor’s entrepreneur based on his/her extraordinary ability.
Thanks for reading. For more information on your US immigration options, please visit us at www.subhanlaw....

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[@Subhanlaw]

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