How do I establish a business in the US having a B-1 Visa?

Question

I have a tourist visa but would like to open a business in the US. I think I am elegible for an E-2 visa. Anyway, what steps do I need to follow to open a business in this particular case.

Answer 1

Apply for a business visa since you have at present a tourist visa which prohibits you to engage in business.

Answer 2

Can you share more info? What do you mean by "open a business"? How long do you want to stay? What kind of activities do you want to engage? More information will dictate the answer.

The B-1 visa or visa free travel under the Visa Waiver Program is the appropriate visa classification to travel to the United States to survey potential sites for a business and/or to lease premises. However, the holder of a B-1 visa may not remain in the United States to manage the business. An L-1 (intra-company transferee) visa is required. This would enable the holder to travel to the United States for a temporary period to open up and operate a branch, subsidiary or affiliate office of the business there. To qualify, the new U.S. operation is required to file a petition on the employee's behalf with the nearest office of the United States Citizenship and Immigration Services (USCIS) in the United States.

Since you are eligible for E visa, you can file for such visa as well.

I feel that you can also set up the legal structure of the business as well. And then apply for the visa later.

Madan Ahluwalia
Attorney
www.ahluwalia-law.com

Madan Ahluwalia
Attorney
www.ahluwalia-law.com

Answer 3

An E-2 visa is suitable for entrepreneurs from treaty countries investing substantially in a U.S. enterprise. They must be nationals of treaty countries entering the U.S. to develop and direct investments from the treaty country.

A B-1 cannot develop and direct a U.S. enterprise. A B-1 must engage in international trade or commerce. Someone who is going to the United States to develop and direct the operations of an enterprise in which he/she has invested, or is actively in the process of investing, a substantial amount of capital should apply for a treaty investor visa (E-2 Visa).

You can apply for a visa at a US consul outside of the United States. You should complete forms DS-156 and DS-156E, and present them in person at the consulate, together with documentation that will clearly establish your eligibility for the visa.