Here, in the office we often receive calls from clients asking whether they are allowed to create a business while on their B1B2 visa to apply for an E-2 investor visa or simply to just diversify their money in the United States. Many clients are concerned about whether or not they are allowed to create and run their own business in the United States while on a B1B2 visa. And though this question does not have a simple answer, the short answer to this question is “Yes”. However, there are several things to keep in mind about creating a business in the USA while on the B1B2 visa.

Particularly, B1B2 visa holders are not allowed to work or engage in gainful employment in the United States. Forming a business in the United States often involves actively managing the business, which can be seen as work. So, while a B1B2 visa holder can be the owner of a business, the visa holder may not receive payroll, be actively running the business or spending an excessive amount of time supervising the business’ operations. If the B1B2 visa holder intends to actively run the business, the visa holder should instead explore work visa options that are suitable for entrepreneurs and business owners, such as the E-2 investor visa, E-1 treaty trader visa, or the L-1 intracompany transferee visa. These visas are designed for individuals wanting to start and manage businesses in the United States.

If the B1B2 visa holder wants to a create business solely for the purpose of making passive investments, it may be allowed. Specifically, the visa holder may attend business meetings, invest in real estate, engage in contract negotiations, make site visits, engage in administrative duties, conduct market research and other responsibilities. In summary, the visa holder’s purpose of being the United States must still be tourism and/or other permissible B1B2 activities.

Do you want to create business in the United States or want to learn more about this subject? Call us at (915) 314-2363 to schedule a consultation today!