Starting a Business as a Non-Citizen, Part lll (Work Visas for USA)

Jun 12, 2014 | Business, Federal Law, United States, Work Visas

World w moneyThis is the third installment of a series discussing the options for non-citizen business investors to obtain Work Visas in the USA. The following are a list of the least desirable visa options a non-citizen may apply for in order to work for the company that he or she built:

Temporary Visas (Less than one year duration)

B-1:The B-1 visa temporarily allows non-citizens to participate, and get paid, for activities of a “commercial or professional nature.” While the United States Citizenship and Immigration Service (“USCIS”) does not limit the definition of “commercial or professional nature,” managing a business would be an accepted activity under B-1 so long as the applicant can show that the purpose of the trip is legitimate, the stay is for a limited period of time, there are adequate funds to cover the trip, and the applicant has a residence outside the United States that they do not intend to abandon. However, with a B-1 visa and extension good for only one year in the United States, this visa is a temporary solution that would not be ideal for a potential business owner or investor looking to build a business.

Visa Waiver Program: The Visa Waiver Program allows nationals of 38 countries to travel to the United States for up to 90 days without a visa. The purpose of the trip must be of a business or tourist nature permitted by the “B” visa classifications. While in the United States, a business owner may conduct matters of a “commercial or professional nature.” However, this visa is also not a preferable option for a potential business owner looking to build a business.

If you have questions about the formation of a business or immigration visas, please do not hesitate to contact our office.

By:      Kenneth S. McLaughlin, Jr., Principal

Peter C. Markos, attorney

Law Offices of McLaughlin & Associates, P.C.

NOTE: This publication should not be regarded as legal advice or legal opinion. The content is intended for general informational purposes only. If you have any concerns regarding anything in this publication you may contact your own attorney, CPA, or our law office at 630-230-8434, website