owning a business to get work authorization to work in the usa
DESCRIPTION
If you are planning on operating your own business in the U.S. there is some important information you should know about work authorization. Starting a business in the U.S. and running that business in the U.S. requires work authorization. Running your business in the U.S. without the appropriate work authorization can lead to major immigration consequences. Learn more @ https://www.ashoorilaw.com/blog/you-must-have-work-authorization-to-run-your-business-in-the-us/TRANSCRIPT
You Must Have Work Authorization
to Run Your Business in the U.S.
In this guide, we will explain the various activities that require work authorization and we will also
explain some visa options which allow someone to run their business in the U.S.
Work Authorization to Run Your Business
If you are planning on operating
your own business in the U.S. there
is some important information you
should know about work
authorization.
Starting a business in the U.S. and
running that business in the U.S.
requires work
authorization. Running your
business in the U.S. without the
appropriate work authorization
can lead to major immigration
consequences.
Starting a Business, Owning a Business, and
Operating a Business
To get started, there are three important concepts that I’d like to first explain
Setting-Up a Business
Setting up a business includes the following tasks:
Forming a company, corporation, or Limited Liability
Company (LLC)
Setting up your business bank account
Buying or leasing office space, warehouses, and
other premises for the business.
Other tasks related to the creation of a new business.
Owning a business
Ownership refers to your interest or stake in a business.
You can become the owner of a business in the US by:
Starting a new business
Buying an existing business
Purchasing shares of an existing business
Managing and Operating a Business
Managing or operating a business involves:
Hiring or firing of employees
Managing day-to-day operations of the business.
Running the business.
Managing staff and actively supervising them.
Etc.
Work Authorization Requirement
You must have work authorization to manage and/or operate your business in the U.S.
You don’t necessarily need work authorization to start a business in the U.S. or to own a U.S. business. In
many cases you can do this from outside of the U.S. or you may potentially be able to enter the U.S. as
a visitor to complete certain tasks.
However, you cannot manage and/or operate a business without proper work authorization. This is a
mandatory requirement and ignoring this may lead to serious immigration consequences.
Options to Manage and Operate a Business
in the U.S.
If your goal is to open a busines in the U.S. and to operate that business,
here are three options to consider.
E2 Visa
The E2 visa is a great option for investors and entrepreneurs
looking to operate their busines in the U.S. The basic idea of
an E2 visa is that it allows an investor or entrepreneur to invest
in a U.S. business, and based on making that investment, they
can live in the U.S. and operate their business.
Here are some general E2 visa requirements:
Must make a “substantial investment” in the U.S. business
(we typically recommend $100,000 but investments for less
than that have gotten approved).
You must be a citizen of a country that has an E2 treaty
with the U.S. (here is a list of countries that qualify)
Your investment funds be at risk (this means that the funds
should be committed/spent)
E2 Visa Benefits
-The E2 visa is a great option for investors and entrepreneurs
because it allows them to actively operate their business in the
U.S.
-The E2 visa can be renewed as long as the E2 visa requirements
continue to be met.
-The spouse of an E2 visa holder can also apply for work
authorization
-Children of an E2 visa holder (under 21 years old) can attend
school in the U.S.
L1 Visa
The L1 visa is also a great visa option for investors and entrepreneurs.The basic idea of the L1 visa is that it allows a foreign company totransfer a manager, executive, or specialized knowledge worker, to arelated U.S. company.
If the U.S. company is brand new, there is a special type of L1 visacalled the L1 “new office” which allows the transferred employee toestablish and build up the U.S. company if it is within its first year ofoperations in the U.S.
Here are some general L1 visa requirements:
The L1 visa beneficiary must have worked for the foreign company for 1year continuously, full-time, within the last 3-year period
L1 visa beneficiary must have worked in a managerial, executive, orspecialized knowledge capacity for the foreign company
L1 visa beneficiary must be coming to the U.S. to work as a manager,executive, or specialized knowledge worker
Foreign company and US company must have a “qualifyingrelationship” (parent/subsidiary, branch office, affiliates)
EB-5 Visa
The EB-5 visa is a great option for investors and
entrepreneurs. This visa option is similar to the E2 visa
mentioned above, however, the EB-5 visa is an
immigrant visa and so it leads to a green card (lawful
permanent residence).
The basic idea of the EB-5 visa is that it requires that
someone invest in a U.S. business and to create jobs for
U.S. workers. In exchange for the investment and the job
creation, which benefits the U.S. economy, the investor
is eligible for a green card for themselves, their spouse,
and their unmarried children under 21 years old.
Through the EB-5 visa, the EB-5 investor can get a green card (lawful permanent
residence) which would allow them to live in the U.S. and run their business.
Here are some of the general EB-5 visa requirements:
-Must invest either $900,000 or $1,800,000 in a U.S. business (depending on whether the
business is located in a Targeted Employment Area)
• Your investment must lead to the creation of 10 full-time jobs for U.S. workers
• Your investment funds must have been obtained lawfully• Your investment funds must be “at risk”
You should now have a much better understanding of the general
concept of work authorization. In addition, you should now have a better
understanding of the E2 visa, the L1 visa, and the EB-5 visa.
Click Here to find out more!:
https://www.ashoorilaw.com/blog/you-must-have-work-authorization-to-run-your-business-in-the-us/