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Recently, our team was asked a question: “I want to manage my own company in the US, but I’m not sure if I can do it without a work or investor visa. People say different things, and I really need to clearly understand the legal options. I guess I need to speak to an immigration and business lawyer”
We wanna share the answer from our specialists:
08.07.2025 12:09:45 Starting and managing your own company in the U.S. as a non-citizen can be complex, and it's important to understand the legal requirements and options available to you. Here’s a general overview of some potential avenues, but consulting with an immigration and business lawyer is essential for personalized advice: 1. **B-1 Visa (Business Visitor Visa):** This visa allows you to come to the U.S. for business activities such as meetings, negotiations, or conferences, but it does not permit you to manage a business actively or receive a salary from a U.S. source. 2. **E-2 Treaty Investor Visa:** If your country has a treaty with the U.S., this visa could allow you to invest in and manage a business in the U.S. It requires making a substantial investment in a bona fide enterprise. 3. **L-1 Visa (Intracompany Transferee):** If you own or work for an international company that has operations in the U.S., this visa might allow you to transfer to the U.S. office in an executive or managerial role. 4. **EB-5 Immigrant Investor Program:** This program provides green cards for individuals who make substantial investments (typically $800,000 or $1 million depending on location) that create jobs in the U.S. 5. **O-1 Visa:** If you have extraordinary ability or achievements in your field, this visa might be an option, though it is generally not directly related to starting a business. 6. **H-1B Visa:** While typically employer-sponsored, if your startup can secure funding and meet certain criteria, it may sponsor you for an H-1B visa. 7. **Start-Up Visa Programs:** Some states offer specific programs aimed at attracting entrepreneurs; these vary widely by state and require careful research. 8. **Legal Entity Formation without Residency:** You can form a legal entity like an LLC or corporation without being physically present in the U.S., but managing day-to-day operations would still require appropriate work authorization. Each option comes with specific requirements regarding investment amounts, job creation mandates, eligibility criteria, and more. Given these complexities and potential immigration implications, speaking with both an immigration attorney who specializes in visas related to entrepreneurship and a business lawyer familiar with setting up companies will provide clarity tailored to your situation. They can guide you through forming your company legally while ensuring compliance with all relevant immigration laws.
09.07.2025 17:47:17 You can legally own and set up a U.S. company without a work or investor visa, even as a foreign national — but you cannot lawfully work for or actively manage that business without proper immigration status. To legally operate and be involved in day-to-day management, you'd typically need a visa such as E-2 (investor), L-1 (intra-company transfer), or O-1 (extraordinary ability), depending on your background and investment. It’s smart that you're considering legal advice — an immigration and business lawyer can help assess your goals and build a strategy that keeps you compliant with both business and immigration law.
09.07.2025 17:53:23 As a foreigner, you're allowed to form and own a U.S. company, but U.S. immigration law doesn’t allow you to work for it or manage it directly without the right visa. If you want to be actively involved, you’ll need a visa like the E-2, L-1, or possibly an employment-based green card in the future. Each has different requirements based on investment, prior experience, or company ties. Since rules around “work” are strict and violations can hurt future immigration chances, speaking with a business and immigration attorney is the best next step to avoid costly mistakes and explore the right legal path.

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