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Thread: start a business on B1/B2?

  1. #1
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    Default start a business on B1/B2?

    Hi!

    I am in the US on a 10-year visitor (B1/B2) visa and wish to start a
    business. The business does not require me to be around all the time and so
    could I legally hire a local person to run it?

    Thanks in advance!

    --J



  2. #2
    Junior Member
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    Default start a business on B1/B2?

    I guess I should have asked the more important question first!

    Can I even legally start/own a business on a visitor's visa?

    Thanks!

    "John Ried" <johnried@hotmail.com> wrote in message
    news:1084906735.571935@sj-nntpcache-5...
    Hi! I am in the US on a 10-year visitor (B1/B2) visa and wish to start a business. The business does not require me to be around all the time and
    so
    could I legally hire a local person to run it? Thanks in advance! --J


  3. #3
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    Default start a business on B1/B2?

    John Ried wrote on 5/18/2004 12:17:
    I guess I should have asked the more important question first! Can I even legally start/own a business on a visitor's visa?
    Sure. Anybody who owns stock of a company is a co-owner of that
    company. You don't even need a visa for that.

    You can obviously not do any work for it, without work authorization.
    So somebody else will have to run it.

    -Joe

  4. #4
    Senior Member
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    1,499

    Default start a business on B1/B2?


    Originally posted by John Ried
    Hi! I am in the US
    on a 10-year visitor (B1/B2) visa and wish to start a
    business. The
    business does not require me to be around all the time and so
    could I
    legally hire a local person to run it?
    Thanks in advance! --J

    You can start a business but can't actually perform work. If
    you want to have a hands-on relationship with the business then you need
    an E visa. I hope you don't plan to try to stay in the US for 10 years
    on a 10 year B1/B2 visa.


    --
    Posted via http://britishexpats.com

  5. #5
    Senior Member
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    608

    Default start a business on B1/B2?


    "John Ried" <johnried@hotmail.com> wrote in message
    news:1084906735.571935@sj-nntpcache-5...
    I am in the US on a 10-year visitor (B1/B2) visa
    The length of validity of the visa doesn't appear to be relevant
    to anything - you'll be allowed into the USA for up to 6 months
    at a time.
    and wish to start a business. The business does not require me to be around all the time and so could I legally hire a local person to run it?
    You can invest in a business, but can do nothing to help run it.
    There's nothing wrong with having someone else run it, but the
    act of hiring that person would count as work, and would be
    illegal if you did it on B-1/B-2.




  6. #6
    Member
    Join Date
    Feb 2004
    Posts
    63

    Default start a business on B1/B2?


    Originally posted by John Ried
    Hi! I am in the US
    on a 10-year visitor (B1/B2) visa and wish to start a
    business. The
    business does not require me to be around all the time and so
    could I
    legally hire a local person to run it?
    Thanks in advance! --J


    If you are simply going to invest and start up a business in
    the US and hire people to run it and you will not be working it yourself
    (more of a investment rather than employment), you can do so at anytime
    and come as a visitor to check things out, meetings etc.

    If you are
    actually going to be involved in the business in the US you should be
    looking at the E-2 visa.

    Here is a short piece from our web site that
    may provide some big picture guidance:

    Small Businesses


    Our firm has
    helped many small business owners realize their dreams of working and
    living in the United States. These dreams can only be realized by
    executing a solid plan designed to maximize the chances for success. We
    offer years of experience in building and implementing both the business
    and immigration components of a good plan. Although immigration laws
    apply equally to owners of small as well as large businesses, the small
    business immigration case presents unique challenges.

    The Business
    Plan: Any dream of a business move to the United States begins with
    idle and/or written thoughts about achieving financial success. Where
    will the business set up office? How much of an initial investment will
    be required? What will be the projected revenues for the developing
    years? What will be the projected labor costs, taxes and doing business
    expenses? Can there be partners and, if so, in what percentages?

    Our
    attorneys have over thirty years of commercial and business experience
    dealing with partnerships, corporations and sole proprietorships and can
    advise and assist in setting up a business. While each State has its
    own requirements for business organization and taxation, our attorneys
    can serve as co-counsel or advisor to a business attorney in any state –
    essentially business attorneys talking the same language. The added
    benefit is that attorneys in our firm have the extensive immigration
    knowledge and experience to oversee and guide the business aspect.


    For example, the “ownership” of the U.S. business must be set up so
    that it does not defeat the intended immigration result. Another
    example: The “financing” of the U.S. business must also be consistent
    with laws and rules for getting immigration status in the U.S. In
    short, the beginning point is to have a plan for a bona fide business
    venture that makes sense for you and to get an immigration attorney’s
    opinion on how to superimpose the immigration component.

    The
    Immigration Plan: The immigration options and alternatives should be
    considered simultaneously with any business planning because they are
    inter-related. An experienced immigration attorney should be consulted
    as soon as possible to provide sound umbrella advice. Some businessmen
    who want to start a new business or purchase an existing business in the
    U.S. may qualify for an Investor or Trader visa which is discussed in
    greater detail in our website relating to E-1 and E-2 visas. Some
    executives wishing to expand their foreign business into the U.S.
    marketplace and come to run it or send key foreign workers to come run
    it, may qualify for intracompany transfers or L-1 status – also more
    thoroughly discussed in our website. Important questions arise relative
    to both the intended immigration plan that may impact on the business
    plan. For example: Business owners may ask “How much do I need to
    invest?” Do I need to hire employees? How much can I borrow? Can I
    collateralize my business assets? Can I get a green card from this U.S.
    business venture?

    Our attorneys will provide a short-range plan (to
    get to the U.S. as soon as possible) and a long-range immigration plan
    (permanent residence) based upon the available employment and business
    immigration options.

    Common
    Issues/Frequently Asked Questions: Here are some of the commonly asked
    questions of small businessmen:

    • Do I need to invest a million
    dollars? No, not for the nonimmigrant visas.
    • Do I need to keep my
    foreign business running while I am in the U.S.? Yes and no. Yes, if
    you want the L-1 visa and no, if you qualify for the Investor/Trader
    visa.
    • How long does it take? Of course, the answer depends
    upon many factors like nationality, backlogs at INS or Department of
    State and how long it takes the client to provide the attorney with
    necessary business documents. However, we do quote time estimates in
    our consultations.
    • Can my spouse or children work in the U.S.?
    The spouse may be able to get work authorization (see additional notes
    herein). Children cannot work under current law.
    • Can some of my
    foreign employees also come work in the U.S.? Yes, if they qualify as
    managers, essential employees or have specialized knowledge about your
    business.
    • What do I need to start? A dream, a plan and a
    telephone to call an experienced attorney.

    Some Examples: We take
    great pride in some of our recent successes in helping small Canadian
    business owners (and their families) realize their dreams of
    establishing new businesses and moving to the United States with legal
    immigration status to work and run their commercial enterprises.

    a)
    We developed a business plan which satisfied immigration authorities and
    resulted in the approval of an Investor visa for a sole
    proprietor/investment consultant. This gentlemen moved to Florida and
    set a business to advise retirees there.
    b) We developed short
    –range and long-range business and immigration plans for a manicurist
    who currently lives and runs her own business in Nevada while
    maintaining her small and similar business.
    c) We developed a
    short and long range plan for a sole proprietor plumber who now lives
    and runs a related business in California.

    Additional
    Considerations: Some work visas like the L-1, intracompany transfer or
    the Investor/Trader visa (E-1/E-2) permit the spouse to obtain blanket
    unrestricted work authorization in the United States. For some business
    owners whose spouses work and loss of the second income would be
    problematic, this can be an attractive consideration.

    In short,
    let our attorneys customize a game plan designed to have maximum chances
    for business and immigration success. We’ve been doing it for both
    large and for small businesses for many years.

    Good luck.

    Andrew


    Andrew M. Wilson, Esq.
    awilson@srwlawyers.com

    www.srwlawyers.com


    --
    Posted via http://britishexpats.com

  7. #7
    Senior Member
    Join Date
    Mar 2004
    Posts
    829

    Default start a business on B1/B2?

    "J. J. Farrell" <jjf@bcs.org.uk> wrote in message news:<ATDqc.1150$Tn6.85@newsread1.news.pas.earthli nk.net>...
    "John Ried" <johnried@hotmail.com> wrote in message news:1084906735.571935@sj-nntpcache-5...
    I am in the US on a 10-year visitor (B1/B2) visa
    The length of validity of the visa doesn't appear to be relevant to anything - you'll be allowed into the USA for up to 6 months at a time.
    and wish to start a business. The business does not require me to be around all the time and so could I legally hire a local person to run it?
    You can invest in a business, but can do nothing to help run it. There's nothing wrong with having someone else run it, but the act of hiring that person would count as work, and would be illegal if you did it on B-1/B-2.

    An aunt and her husband of a friend of mine from Taiwan opended a
    restaurant with some other guy who was a physician. Later, they split.
    I know that my friend's aunt and uncle entered on B-2. I don't know
    whther they switched to E-2 when started partnership of restaurant.
    They probably were on E2 by the time they had their own restuarant.

    What if peopel start a busienss on B-2 and later (when sucsessfully
    making money), switched to E-2. Do they pay the fine of $1000 working
    without work permit while on B-2?

  8. #8
    Junior Member
    Join Date
    Oct 2003
    Posts
    8

    Default start a business on B1/B2?

    Many thanks to the folks who replied!

    Looks like it is advisable to switch to an investment visa.

    As I'm an Australian citizen, I guess E2 visa option is ruled out for me.
    Can I apply for L1 or H1 based on my investment?

    Thanks!

    --J

    "Andrew Wilson" <member17830@british_expats.com> wrote in message
    news:1430718.1084976715@britishexpats.com...
    Originally posted by John Ried
    Hi! I am in the US
    on a 10-year visitor (B1/B2) visa and wish to start a
    business. The
    business does not require me to be around all the time and so
    could I
    legally hire a local person to run it?
    Thanks in advance! --J
    If you are simply going to invest and start up a business in the US and hire people to run it and you will not be working it yourself (more of a investment rather than employment), you can do so at anytime and come as a visitor to check things out, meetings etc. If you are actually going to be involved in the business in the US you should be looking at the E-2 visa. Here is a short piece from our web site that may provide some big picture guidance: Small Businesses Our firm has helped many small business owners realize their dreams of working and living in the United States. These dreams can only be realized by executing a solid plan designed to maximize the chances for success. We offer years of experience in building and implementing both the business and immigration components of a good plan. Although immigration laws apply equally to owners of small as well as large businesses, the small business immigration case presents unique challenges. The Business Plan: Any dream of a business move to the United States begins with idle and/or written thoughts about achieving financial success. Where will the business set up office? How much of an initial investment will be required? What will be the projected revenues for the developing years? What will be the projected labor costs, taxes and doing business expenses? Can there be partners and, if so, in what percentages? Our attorneys have over thirty years of commercial and business experience dealing with partnerships, corporations and sole proprietorships and can advise and assist in setting up a business. While each State has its own requirements for business organization and taxation, our attorneys can serve as co-counsel or advisor to a business attorney in any state - essentially business attorneys talking the same language. The added benefit is that attorneys in our firm have the extensive immigration knowledge and experience to oversee and guide the business aspect. For example, the "ownership" of the U.S. business must be set up so that it does not defeat the intended immigration result. Another example: The "financing" of the U.S. business must also be consistent with laws and rules for getting immigration status in the U.S. In short, the beginning point is to have a plan for a bona fide business venture that makes sense for you and to get an immigration attorney's opinion on how to superimpose the immigration component. The Immigration Plan: The immigration options and alternatives should be considered simultaneously with any business planning because they are inter-related. An experienced immigration attorney should be consulted as soon as possible to provide sound umbrella advice. Some businessmen who want to start a new business or purchase an existing business in the U.S. may qualify for an Investor or Trader visa which is discussed in greater detail in our website relating to E-1 and E-2 visas. Some executives wishing to expand their foreign business into the U.S. marketplace and come to run it or send key foreign workers to come run it, may qualify for intracompany transfers or L-1 status - also more thoroughly discussed in our website. Important questions arise relative to both the intended immigration plan that may impact on the business plan. For example: Business owners may ask "How much do I need to invest?" Do I need to hire employees? How much can I borrow? Can I collateralize my business assets? Can I get a green card from this U.S. business venture? Our attorneys will provide a short-range plan (to get to the U.S. as soon as possible) and a long-range immigration plan (permanent residence) based upon the available employment and business immigration options. Common Issues/Frequently Asked Questions: Here are some of the commonly asked questions of small businessmen: . Do I need to invest a million dollars? No, not for the nonimmigrant visas. . Do I need to keep my foreign business running while I am in the U.S.? Yes and no. Yes, if you want the L-1 visa and no, if you qualify for the Investor/Trader visa. . How long does it take? Of course, the answer depends upon many factors like nationality, backlogs at INS or Department of State and how long it takes the client to provide the attorney with necessary business documents. However, we do quote time estimates in our consultations. . Can my spouse or children work in the U.S.? The spouse may be able to get work authorization (see additional notes herein). Children cannot work under current law. . Can some of my foreign employees also come work in the U.S.? Yes, if they qualify as managers, essential employees or have specialized knowledge about your business. . What do I need to start? A dream, a plan and a telephone to call an experienced attorney. Some Examples: We take great pride in some of our recent successes in helping small Canadian business owners (and their families) realize their dreams of establishing new businesses and moving to the United States with legal immigration status to work and run their commercial enterprises. a) We developed a business plan which satisfied immigration authorities and resulted in the approval of an Investor visa for a sole proprietor/investment consultant. This gentlemen moved to Florida and set a business to advise retirees there. b) We developed short -range and long-range business and immigration plans for a manicurist who currently lives and runs her own business in Nevada while maintaining her small and similar business. c) We developed a short and long range plan for a sole proprietor plumber who now lives and runs a related business in California. Additional Considerations: Some work visas like the L-1, intracompany transfer or the Investor/Trader visa (E-1/E-2) permit the spouse to obtain blanket unrestricted work authorization in the United States. For some business owners whose spouses work and loss of the second income would be problematic, this can be an attractive consideration. In short, let our attorneys customize a game plan designed to have maximum chances for business and immigration success. We've been doing it for both large and for small businesses for many years. Good luck. Andrew Andrew M. Wilson, Esq. awilson@srwlawyers.com www.srwlawyers.com -- Posted via http://britishexpats.com


  9. #9
    Senior Member
    Join Date
    Sep 2003
    Posts
    2,634

    Default start a business on B1/B2?


    Originally posted by John Ried
    Many thanks to the folks
    who replied!
    Looks like it is advisable to switch to an investment
    visa.
    As I'm an Australian citizen, I guess E2 visa option is ruled
    out for me.
    Australian citizens can get an E-2 ..


    --
    Posted via http://britishexpats.com

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