Visas connected to U.S. commercial activities
In the realm of business, employment, and investment, temporary U.S. visas offer foreign nationals a chance to engage with the American market. This article focuses on these temporary visas, not permanent residency visas.
Easier-to-Obtain Temporary U.S. Visas
While not an exhaustive list, here are some visas that foreign nationals might find easier to obtain:
- E-2 Treaty Investor Visa: This visa is designed for nationals of countries with a qualifying treaty with the United States. The key requirements include a substantial investment in a real and operating U.S. business, significant ownership and control, and a business capable of generating more than a marginal income.
- L-1 Visa: This visa is for foreign nationals who are executives, managers, or persons of specialized knowledge, and who have worked for an enterprise outside the U.S. for at least one year, and are being transferred to that enterprise's U.S. subsidiary, branch office, or affiliate temporarily in a comparable capacity.
- H-2 Visa: This visa is for non-U.S. national workers or technicians needed to perform specific tasks in the States. It requires labor certification.
- H-3 Visa: This visa is for an alien coming to the USA to receive training from a U.S. employer.
- B-1 Visa: This visa allows for negotiation, consultation, solicitation, and other business-related activities in the U.S., but each stay is limited to a short period. The B-1 visa waive program allows certain nationals to stay in the U.S. for up to 90 days without a visa.
The Exciting Opportunity of the E-2 Treaty Investor Visa
The E-2 treaty investor visa offers a unique and exciting opportunity for foreign entrepreneurs in the United States. It serves as a strategy for foreign entrepreneurs to live and work in the U.S. while owning and operating a business.
To qualify for an E-2 visa, the investor must be a citizen of a country that has a qualifying treaty with the United States. The investor must also invest a substantial amount of capital in a real and operating U.S. business, own at least 50% of the business or otherwise have operational control, and the investment must be irrevocably committed and subject to partial or total loss. The business must be more than marginal, and it must be an active commercial enterprise providing goods or services, not merely holding assets or investment property.
The investor must intend to develop and direct the business, typically by being involved in day-to-day operations or in a managerial capacity. The U.S. business must be properly incorporated or established prior to the visa application. It's important to note that the E-2 visa does not itself provide a direct path to U.S. permanent residency, but it can be renewed indefinitely provided the business continues successfully.
Budgeting, Timelines, and More
This guide emphasizes budgeting, timelines, tax planning, compliance requirements, and critical considerations such as banking and intellectual property for successful market entry. It also outlines U.S. entry strategies for foreign founders, detailing entity formation options (LLC, C Corporation, S Corporation) and corresponding visa strategies (E-2, L-1, O-1).
For those considering the E-2 visa, it's recommended to consult an immigration attorney and tax advisor familiar with the E-2 process to comply with all requirements and optimize tax and legal compliance.
[1] [2] [3] [4] [5] (Sources)
- The E-2 Treaty Investor Visa, a strategy for foreign entrepreneurs in the United States, not only allows them to live and work in the country but also requires a substantial investment in a real and operating U.S. business, aligning it with the realm of finance and business.
- The L-1 Visa, designed for foreign nationals who are executives, managers, or persons of specialized knowledge, enables them to temporarily engage with a U.S. subsidiary, branch office, or affiliate of their overseas employer, thereby participating in U.S. business activities.
